08/24/1998 - 4828�
anor
f RIDLEY
FRIDLEY CITY COIINCIL MEETING
ATTENDENCE SHEET
Man.day, Augu�S� 24, 1998
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
ITEM
pRTNT NAME ICLEARLY) ADDRESS NUMBER
�
� FRIDLEY CITY COUNCIL MEETING OF
�oF AUGUST 24, 1998
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or
employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services,
programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who
require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMATIONS:
United Way Weekend: August 28 - 30, 1998
Fourmies France Appreciation Day: September 8, 1998
APPROVAL OF MINUTES:
�City Council Meeting of July 27, 1998
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Resolution Adopting a "Proposed"
Budget for the Fiscal Year 1999 ................................................ 1.01 - 1.03
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 1998 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED�
Resolution Certifying "Proposed" Tax
Levy Requirements for 1999 to the
County of Anoka ........................................................................ 2.01 - 2.02
Resolution Consenting to the Housing
and Redevelopment Authority in and for
the City of Fridley, Minnesota, Adopting
a 1998 Tax Levy Collectible in 1999 .......................................... 3.01 - 3.02
Resolution Approving a De-Certification
of the Driveway Tax Assessments
for Paul Beall, 261 - 57`h Place N.E.
(Ward 3) .................................................................................... 4.01 - 4.02
Resolution Designating Polling Places -- - ..
ad :.�.twM,d4-.�:
and Appointing Election Judges for the �
1998 Two-Year Election Cycle .................................................. 5.01 - 5.04
Resolution Initiating the Process for the
Sale of the City's $4,185,000 Taxable
General Obligation Tax Increment Bonds,
Series1998B ............................................................................. 6.01 - 6.02
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24. 1998 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
Resolution Adjusting the Salaries of
Police Technicians ..................................................................... 7.01 - 7.02 ,
.
Establish a Supplemental Public Hearing
for the Central Avenue Improvement
Project (Ward 2) (Concrete Curb Assessment) ........................ 8.01 - 8.04
Approve Revised Joint Powers Agreement
Between the City of Fridley and County of
Anoka for the Improvement of Central
Avenue from Highway 65 to 81 S` Avenue
N.E. (Ward 2) ............................................................................. 9.01 - 9.07
Approve Animal Control Contract between
the City of Fridley and Brighton Veterinary
Hospital..................................................................................... 10.01 - 10.05
Appointment: City Employee 11.01 '
....................................................
.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 1998 PAGE 4
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDL
Claims.................................................................................... 12.01
Licenses.................:.............................................:.................... 13.01 - 13.10
Estimates................................................................................... 14.01
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS:
Consideration of Items Not on Agenda (15 minutes).
NEW BUSINESS:
InformalStatus Reports ....................................................................... 15.01
ADJOURN.
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 1998 ��
C(TY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in
its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status,
sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals
with disabilities to participate in any of Fridley's services, programs, and activities. Hearing iinpaired persons who need an
interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one
week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMATIONS:
United Way Weekend: August 28 - 30, 1998
Fourmies France Appreciation Day: September 8, 1998
ty Council Meeting of July 27, 1998
n � �,da _ �ll�, �'�� U��
a A-�
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Resolution Adopting a "Proposed"
Budget for the Fiscal Year 1999 ............ 1.01 - 1.03
�
Resolution Certifying "Proposed" Tax
Levy Requirements for 1999 to the
County of Anoka ................................... 2.01 - 2.02
J
��
Resolution Consenting to the Housing
and Redevelopment Authority in and for
the City of Fridley, Minnesota, Adopting
a 1998 Tax Levy Collectible in 1999 .. 3.01 - 3.02
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
Resolution Approving a De-Certification
of the Driveway Tax Assessments
for Paul Beall, 261 - 57`" Place N.E.
(Ward 3) .......... .....................
Resolution Designating Polling Places
and Appointing Election Judges for the
1998 Two-Year Electio Cycle ...........
4.01 - 4.02
5.01 - 5.04
Resolution Initiating the Process for the
Sale of the City's $4,185,000 Taxable
Gen�ral Obligation Tax lncremen# Bonds,
Series 19986 .................................. 6.01 - 6.02
Resolution Adjusting the Salaries of
Police Technicians ................................ 7.01 - 7.02
r
Establish a Supplemental Public Hearing
for the Central Avenue Improvement
Project (Ward 2) (Concrete Curb
Assessment) ................................... 8.01 - 8.04
✓
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 1998
APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS:
NEW BUSINESS (CONTINUEDI: Informal Status Reports
Approve Revised Joint Powers Agreement
Between the City of Fridley and County of
Anoka for the Improvement of Central
Avenue from Highway 65 to 815` Avenue
N.E. (Ward 2) .................................. 9.01 - 9.07 ADJOURN.
r
Approve Animal Control Contract between
the City of Fridley and Brighton eterinary
Hospital ...................... ............ 10.01 - 10.05
Appointment: City Employee ................ 11.01
J
.�
Claims
Licenses
Estimates
................................ 12.01
................................. 13.01 - 13.10
�
.................. .............. 14.01
ADOPTION OF AGENDA:
�d ��r �� `���'
OPEN FORUM. VISITORS:
Consideration of Items Not on Agenda (15 minutes).
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PAGE 2
........................... 15.01
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WHEREAS, the cities of Fridley, Minnesota, and Fourmies, France, are Sister Cities; and
WHEREAS, the two cities are celebrating the twentieth anniversary of their relationship; and
WHEREAS, the Fridley/Fourmies relationship has provided many lasting friendships and
cultural understanding; and
WHEREAS, a reception will be held on Monday, September 7, 1998, to commemorate the
twentieth anniversary of the Sister Cities relationship between Fridley and Fourmies;
NOW THEREFORE, 1, Mayor Nancy J. Jorgenson, Mayor of the Ciry of Fridley, do hereby
proclaim Monday, September 7, 1998 as:
in the City of Fridley.
�-o����s, ��c� ����t�C�� �-to� �� Y
IN WITNESS WHEREOF, I have set my
hand and caused the seal of the City of
Fridley to be affixed this 24th day of August,
1998.
NANCY J. JORGENSON, MAYOR
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WHEREAS, United Way provides critical health and human services that help one in four
local people each �ear; and
WHEREAS, United Way affiliated agencies are located in and serve people throughout the
seven-count� area; and
WHEREAS, United Way is committed to preventing problems before the� take hold in
people's lives; and
WHEREAS, United Way provides those services efficientl�, zvith the lozuest fundraising
costs of any major charit�; and
WHEREAS, communit� volunteers reviezv United Way agencies for qualit� results and make
funding decisions; and
WHEREAS, the annual United Way fundraising campaign provides dollars to support those
critical services;
NOW THEREFORE, BE IT RESOLVED, that I, Nanc� J. Jorgenson, Mayor of the Cit� of
Fridle�, do hereb� proclaim August 28 through 30, 1998, as
IItF�l7'�1� �Y� � �Y���f�tVl.?
in Fridle�, Minnesota, officiall� kicking off the 1998 United Wa� campaign. Citizens of oicr
commicnit� are encouraged to take note of United Way programs and services zuhere the� live
and where they work.
IN WITNESS WHEREOF, I have hereunto
set m� hand and caused the seal of the Cit�
of Fridle� to be affixed this 24th da� of
August, 1998.
NANCY J. JORGENSON, MAYOR
THE MTNUTES OF THE REGULAR MEETiNG OF TAE FRIDLEY CITY COUNCTL
OF JULY 27. 1998
The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at
7:30 p.m.
PLEDGE OF ALLEG�ANCE:
Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Jorgenson, Councilmembrt Barnette, Councilmember
Billings, and Councilmember Bolkcom
MEMBERS ABSENT: Counci(member Schneider
PRESENTATiON:
Ms. Liz Chevalier, Crime Prevention Specialist, and David Saliman, Public Safety Director, were
present to distribute appreciation awards for the sponsors/contributors of the Fridley 1998 Safety
Camp. All contributors/sponsors were publicly recognized for their contributions. The City
Council and staff took the opportunity to sincerely thank them for the supplies and money
provided which assisted in making Safety Camp a success. The following Fridley businesses were
recognized: Wal-Mart, McDonald's, NSP, Unity/Mercy Hospitals, Kiwanas, SuperAmerica,
Burlington-Northern, Bob's Produce, VFW #363, Target Stores, Frito Lay, Hardee's, Fridley
Moose Lodge, Perkin's, Old Country Buffet, Ron's Ice and the Fridley Lions. A brief video was
shown on some of the activities that are a part of Safety Camp.
Mayor Jorgenson took this opportunity to thank all participating sponsors noting that their
contributions assisted in educating the young residents of the community on a wide variety of
safety concerns.
APPROVAL OF MiNUTES:
SPECIAL CITY COUNCIL MEETTNG - JULY 6, 1998:
MOTION by Councilmember Bolkcom to approve the minutes of the July 6, 1998 Special City
Council Meeting as .presented in writing. Seconded by Councilmember Barnette. UPON A
VOICE VOTE, all members voting aye, Mayor Jorgenson declared the motion carried
unanimously.
CiTY COUNCiL NiEETTNG OF JULY 27. 1998 PAG__E__2
COUNCiL MEETiNG - Julv 13, 1998:
MOTION by Councilmember Barnette to approve the minutes of the July 13, 1998 City Council
Meeting as presented in writing. Seconded by Councilmember Bolkcom. UPON A VOICE
VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1. RECEIVE THE NiiNUTES OF THE PLANNTNG COMMTSSION MEETING OF
JUNE 17, 1998 (TABLED JULY 13, 1998):
RECEIVED THE MINUTES OF THE PI,ANNING COMMISSION MEETING OF
JUNE 17, 1998.
NEW BUSiNESS:
2. RECEiVE THE MiNUTES OF TAE PLANNiNG COMMTSSION MEETING OF
JULY 15, 1998:
RECEIVED TFIE MINUTES OF THE PLANNING COMMISSION MEETING OF
JULY 15, 1998.
3. SPECiAL USE PERMiT REQUEST, SP #98-10, BY DAWN M. AIVIBUHL, TO
ALLOW THE CONSTRUCTiON OF A SECOND ACCESSORY STRUCTURE
f GARAGE) GENERALLY LOCATED AT G544 HiCKORY STREET N.E.
(WARD 3):
Mr. Burns, City Mana�er, explained that the petitioner is requesting a special use permit to
allow the construction of a 22 foot by 24 foot garage in the rear yard adjacent to a new 16
foot by 16 foot addition on the home. The new garage will be served by an existing
driveway. The original garage is 14 feet by 22 feet and is attached to the north side of the
house. The new garage will be used for vehicles; the existing garage will be used for
storage of a boat, etc. The Planning Commission voted unanimously to approve this request
with the four stipulations.
APPROVED SPEC�AL USE PERMIT REQUEST, SP #98-10, BY DAWN M.
AMBUHL, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY
STRUCTURE (GARAGE) GENERALLY LOCATED AT G544 HICKORY STREET
N.E. WITH THE FOLLOWING STIPULATIONS: 1) THE SECOND ACCESSORY
STRUCTURE SHALL BE ONE STORY, 22 FEET WIDE BY 24 FEET DEEP AND
MEET THE STANDARDS OF THE FRIDLEY ZONING ORDINANCE AND THE
UNIFORM BUILDING CODE; 2) THE SECOND GARAGE SHALL MATCH THE
ARCHITECTURAL DESIGN OF THE PRINCIPAL STRUCTURE; 3) THE
CiTY COUNCiL NiEET1NG OF JULY 27, 1998 PAGE 3
SECOND GARAGE SHALL NOT BE USED IN CONJUNCTION WITH A HOME
OCCUPATION; 4) THE SECOND GARAGE MUST BE ACCESSED WITH A
PAVED DRIVEWAY. THE DRIVEWAY TO THE SECOND GARAGE SHALL BE
PAVED WITHIN SIXTY DAYS OF THE ISSUANCE OF THE BUILDING
PERMIT.
4. SPECIAL USE PERMTT REQUEST, SP #98-11, BY MARGARET R. REED, TO
ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE
(GARAGE) GENERALLY LOCATED AT G017 TRTRD STREET N.E. (WARD 3):
Mr. Burns explained that this special use permit would allow the construction of a 19 foot
by 22 foot detached garage that would be served by an existing paved driveway that has
access to Third Street. The existing detached garage is located in the rear yard and is
accessed by an alley that runs behind the house. The new garage will be used for vehicle
storage. The existing garage will be used for hobby purposes. The Pianning Commission
recommended approval this special use permit at the July 15 meeting with four stipulations.
APPROVED SPECiAL USE PERMIT REQUEST, SP #98-11, BY MARGARET R.
REED, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY
STRUCTURE (GARAGE), GENERALLY LOCATED AT G017 THIRD STREET
N.E. WITH THE FOLLOWING STIPULATIONS: 1) THE SECOND ACCESSORY
STRUCTURE SHALL BE ONE STORY, 19 FEET WIDE BY 22 FEET DEEP AND
MEET THE STANDARDS OF THE FRIDLEY ZONING ORDINANCE AND THE
UNIFORM BUILDING CODE, 2) THE SECOND ACCESSORY STRUCTURE
SHALL MATCH THE ARCHITECTURAL DESIGN OF THE PRINCIPAL
STRUCTURE, 3) THE SECOND ACCESSORY STRUCTURE SHALL NOT BE
USED IN CONJUNCTION WITH A HONIE OCCUPATION, 4) THE SECOND
ACCESSORY STRUCTURE MUST BE ACCESSED WITH A PAVED
DRIVEWAY. THE DRIVE�VAY SHALL BE PAVED WITHIN SIXTY DAYS OF
THE ISSUANCE OF THE BUILDING PERMIT.
5. SPECIAL USE PERMIT REOUEST, SP #98-12, BY MERVIN J. HERRMANN, TO
ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUTLDTNG.
GENERALLY LOCATED AT 278 MERCURY DRiVE N.E. (WARD 1):
Mr. Burns stated that the petitioner is proposing to construct a 14 foot by 24 foot storage
shed. It will be used for storage and will not have a driveway connected to it. The building
will meet all setback requirements. The Planning Commission approved the special use
permit with four stipulations.
APPROVED SPECIAL USE PERMIT FOR MERVIN J. HERMANN TO ALLOW
THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE AT 278
MERCURY DRIVE N.E. WITH THE FOLLOWING STIPULATIONS: 1) THE
SECOND ACCESSORY BUILDING SHALL BE ONE STORY, 14 FEET WIDE BY
24 FEET DEEP AND MEET THE STANDARDS OF THE FRIDLEY ZONING
CiTY COUNCiL NiEETiNG OF JULY 27, 1998 PAGE 4
ORDINANCE AND THE UNIFORM BUILDING CODE; 2) THE BUILDING
SHALL MATCH THE ARCHITECTURAL DESIGN OF THE PRINCIPAL
STRUCTURE; 3) A SECOND DRIVEWAY/CURB CUT SHALL NOT BE
CREATED ON THIS PROPERTY, AND; 4) THE ACCESSORY BUILDING
SHALL NOT BE UTILIZED FOR A HOME OCCUPATION.
6. SPECiAL USE PERMiT REQUEST, SP #98-13, BY HTLLTOP TRAILER SALES,
iNC. TO ALLO�V THE DTSPLAY AND SALES OF RECREATiONAL VEHiCLES,
GENERALLY LOCATED AT 7810 UNTVERSiTY AVENUE N.E. (WARD 3):
Mr. Burns explained that this site is the former Lupient Bargain Lot. The petitioner
proposes to re-use the existing showroom and repair facilities and to modify the existing
parking lot. Improvements to the parking lot include landscaped islands and reduction of
pavement by 3,500 square feet. The display areas will include a large landscaped area that
will be planted with shade and ornamental trees. The petitioner has produced a survey that
verifies parking setbacks; however, staff requested a revised site plan that accurately reflects
parking setback dimensions. The Planning Commission recommended approval of this
request with eight stipulations.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
UNDER NEW BUSINESS OF THE REGULAR AGENDA, IMMEDIATELY
FOLLOWiNG ITEM 1G.
7. SPECiAL USE PERMIT REOUEST, SP #98-14, BY MAERTENS-BRENNY
CONSTRUCTTON CONiPANY, TO TNCREASE THE ALLOWABLE LOT
COVERAGE BY A STNGLE STORY STRUCTURE TN AN M-2 ZONE FROM 40
PERCENT TO 49 PERCENT, GENERALLY LOCATED AT 7901 MAiN STREET
N.E. (WARD 3):
Mr. Burns noted that the allowable lot coverage request should be changed from 50 percent
to 49 percent. This lot contains 107,182 square feet. A 52,417 square foot building is
proposed to house Metal-Tek, Inc. The building will include warehousing, manufacturing
and of�ice uses. All required setbacks can be met. The Planning Commission approved the
special use permit with five stipulations including those relating to the establishment of
required landscaping, parking and draina�e.
THIS ITEM WAS RENIOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR AGENDA, UNDER NEW BUSINESS IMMEDIATELY
FOLLOWING ITEM G.
CiTY COUNCTL MEETiNG OF JULY 27, 1998 PAGE 5
S. APPROVE LiCENSE TO PERMTT A MOBTLE AOME/ROUSE TRAILER AT
TOTiNO GRACE HTGH SCHOOL. 1350 GARDENA AVENUE N.E. (WARD 2):
Mr. Burns explained that this trailer would house two School District No. 14 employees
who provide student guidance services. It will be occupied during regular school hours
between 7:30 a.m. and 2:00 p.m. when school is in session.
APPROVED LICENSE TO PERMIT A MOBILE HOME/HOUSE TRAILER AT
TOTINO GRACE HIGH SCHOOL, 1350 GARDENA AVENUE N.E. TO BE USED
UNTIL JULY 12, 1999.
9. APPROVE PROPOSAL AND AUTFiORTZE CONTRACT FOR COMPREAENSIVE
PLAN CONSULTiNG SERViCES:
Mr. Burns explained that staff solicited proposals for consulting services from three firms.
Staff recommended that the contact be awarded to Hoisington Koegler Group Inc. for an
amount not to exceed $62,570. This proposal included the lowest cost of the three and
provides a strong team of specialized consultants who are familiar with Fridley's issues. In
addition to the staff at Hoisington Koegler, staff from two other consulting firms will be
involved. They include Maxfield Research Group (housing), and Bonestroo, Rosene,
Anderlick & Associates, Inc. (water, sewer and transportation). The proposal provides for
services at five public meetings. The amount of $62,570 is in line with amounts budgeted in
1998 and 1999.
APPROVED PROPOSAL AND AUTHORIZED CONTRACT FOR
COMPREHENSIVE PLAN CONSULTING SERVICES WITH HOISINGTON
KOEGLER GROUP INC. FOR AN AMOUNT NOT TO EXCEED $62,570.
10. MOTION TO ADOPT THE CITY OF FRTDLEY'S STORM DAMAGE CLEAN UP
POLiCY:
Mr. Burns stated that this policy establishes standards and processes for picking up trees and
brush after storms that pass through Fridley. While the City's existing po(icy leaves the
determination of the timing and scope of tree branch pick up to the discretion of
administration, the revised policy provides that the City will pick up properly cut tree
branches from the boulevard after any storm that passes through the community.
Mr. Burns noted that the specifics of the revised policy are as follows: 1) The City will
remove or trim damaged tress that are located in the public right-of-way or on City park
property; 2) the City will identify the storm clean up procedures on its FIL line and cable
television Channe135; 3) residential, commercial and industrial properties with storm
damaged trees and/or branches can cut and stack them on the boulevard in front of their
property, butt end towards the street in 8-foot lengths maximum for City pick up; 4) tree or
branch piles that contain other materials such as building materials, fences, etc., will not be
picked up; 5) plastic bags or other types of containers containing leaves and twigs will not
CITY COUNCiL MEETiNG OF JULY 27, 1998 PAGE 6
be picked up, 6) residents may call 572-3566 after the storm to record debris pick up; 7)
pick up of debris will commence on the first work day after the weekend of a storm; 8) The
City will make one pass throu�h the City for debris pick up; 9) the City will not be
responsible for brush pick up after the one City pass; 10) the City will not be responsible for
any damage to the boulevard, including sod and other appurtenances, as a result of debris
pick up; 11) properties with building damage wiil be responsible for building material clean
up and disposal; 12) in the event of a major disaster, the City will request additional help
from other government agencies and volunteer organizations.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED
ON THE REGULAR AGENDA UNDER NEW BUSINESS, FOLLOWING ITEM 16.
11. RESOLUTION NO 48-1998, AUTHORiZiNG THE POSTiNG OF "NO PARKiNG"
SiGNS ON ONE SiDE OF CERTATN MSAS STREETS:
Mr. Burns stated that MnDOT State Aid Office has reviewed Fridley's MSAS system for
completion and has found it acceptable, with one exception. To finalize the system, they
have asked for the removal of parking on one side of Sc�uire Drive between Rice Creek
Road and Camelot Lane and on one sid� of Camelot Lane between Squire Drive and Arthur
Street between the hours of 12:00 midnight and 6:00 a.m. Fridley proposes to install this
signage on the west side of Squire Drive and on the south side of Camelot Lane. This
would follow City policy of installing parking restrictions on the side of the street that
contains fire hydrants. The six impacted residents have been notified by mail.
ADOPTED RESOLUTION NO. 48-1998, AUTHOWZING THE POSTING OF "NO
PARKING" SIGNS ON ONE SIDE OF CERTAIN MSAS STREETS.
12. APPOiNTMENT: CITY EMPLOYEE:
Mr. Burns stated that staff recommended the appointment of Mari Daniels as Planning
Assistant/Code Enforcement Officer. Ms. Daniels has a B.A. Degree from the University of
Georgia and a Master's Degree in Urban and Regional Planning from VPI in Blacksburg,
Virginia. She worked for the City of Lumberton, North Carolina as a Planning Technician
where she spent a great deal of time working on code enforcement issues, and most recently
has been employed by Access Information Systems of Bloomington, Minnesota, assisting
mortgage companies with land use/flood certifications. She will begin employment on
August 10, 1998, per Council's concurrence.
APPROVED THE APPOINTMENT OF MARI DANIELS TO THE POSITION OF
PLANNING ASSISTANT/CODE ENFORCEMENT OFFICER.
13. CLA1NiS:
APPROVED THE PAYMENT OF CLAIM NOS. 81797 through 82028.
CITY COUNCIL MEETiNG_OF JULY 27, 1998 PAGE 7
14. LTCENSES
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN T13E
LICE�'SE CLERK'S OFFICE.
15. ESTINiATES:
APPROVED THE ESTIMATES AS FOLLOWS:
Diversified Paving, Inc.
8019 146th Avenue N.W.
Ramsey, MN 55303
1997 Driveway Paving
Project No. 307
FINAL ESTIMATE
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
$ 3,828.31
Hackmann Avenue/Hackmann Circle
Street Improvement Project No. ST 1998-1
FINAL ESTIMATE $16,927.14
Park Construction Company
7900 Beech Street N.E.
Minneapolis, MN 55432
Rice Creek Bank Stabilization
Project No. 309
Estimate No. 5 $23,381.12
Ron Kassa Construction
7438 Upton
Richfield, MN 55423
1998 Miscellaneous Concrete Curb and
Gutter and Sidewalk
Project No. 315
Estimate No. 4 $ 5,482.45
Councilmember Bolkcom asked that Items 6 and 7 be removed from the consent agenda for
discussion. Mr. Adam Hardy, 6845 Channel Road, asked that Item 10 be removed from the
consent agenda for further discussion.
Cf7'Y COUNCIL MEETING OF .TULY 27. 1998 PAGE 8
MOTION by Council member Barnette to approve the Consent Agenda without Items 6, 7 and
10. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
ADOPTiON OF AGENDA:
Mayor Jorgenson sujgested that Items 6, 7 and 10 be considered immediately following Item 16
of the agenda.
MOTION by Councilmember Bolkcom to amend the agenda to include the addition of Items 6, 7
and 10 of the consent agenda to immediately follow Item 16 of the regular agenda. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, ViSITORS:
Mayor Jorgenson explained that this is the time reserved for residents to address Council on items
that are not on the a�enda.
There were no questions or comments from the public.
NEW BUSINESS:
1G. RESOLUTION NO. 49-1998, APPROVING A SUBDIVISiON, LOT SPLIT, LS
#98-01, TO CREATE TWO RESiDENTTAL LOTS. GENERALLY LOCATED AT
1027 MiSSiSSTPPI STREET N.E. (BY CULLY AND MTCHELE SMUTZLER)
(WARD 1):
Ms. Barb Dacy explained that Mr. and Mrs. Smutzler rec�uested the subdivision of their lot into
two lots. The size of the property is approximately 27,000 square feet, and the property is zoned
R-1, Single Family. Both lots, if the subdivision were to occur, would exceed the minimum lot
requirement of 9,000 square feet. The owner of the property applied for the variance due to the
location of the existing garage in relation to the proposed lot line. The applicant submitted an
application for a variance which will be reviewed by the Appeals Commission at their meeting in
August.
The Planning Commission recommended approval the subdivision request with the following
stipulations: 1) that run-off from a house constructed on the new lot would have to flow to the
east toward Brookview Drive; and 2) staff will assure that approximately fifty percent of the
drainage from the new home will be directed towards Brookview Drive, which will help to
CiTY COUNCTL MEETiNG OF JULY 27, 1998 PAGE 9
alleviate some of the drainage problems. Ms. Dacy reviewed the other stipulations which were
approved as part of the subdivision request.
MOTION by Councilmember Billings to adopt Resolution No. 49-1998, approving a Subdivision,
Lot Split, LS #98-01, to create two residential lots, generally located at 1027 Mississippi Street
N.E.; with the following stipulations: 1) approval of a variance for the existing garage from 30
feet to 22.1 feet; 2) all easements be dedicated as illustrated on staffs Exhibit B; 3) a$750 park
dedication fee shall be paid before the building permit is granted; and 4) a$1,000 storm water fee
shall be paid before the buildin; permit is granted; 5) a workable drain plan for the newly created
lot must be demonstrated before approval of the lot split. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
6. SPECiAL USE PERMiT REOUEST, SP #98-13, BY HTLLTOP TRATLER SALES,
iNC. TO ALLOW THE DiSPLAY AND SALES OF RECREATIONAL VEHiCLES,
GENERALLY LOCATED AT 7810 UNiVERSiTY AVENUE N.E. (WARD 3):
Councilmember Bolkcom asked if the petitioner had any plans to seek any variances from the
City.
Mr. Dick Pearo, 2950 Innsbruck Court, and Jerry Strudder, both with Hilltop Trailer Sales,
responded that they do not anticipate the need for any variances. Mr. Pearo noted that there was
a question on the setback. Based on a survey completed in 1997, all appears to be correct. Ms.
Dacy stated that she reviewed the survey as well, and noted that along the lower lot line there was
a slight encroachment. However, she felt that something could be worked out.
Mr. Pearo stated that they submitted a landscape plan indicating a 3,500 square foot paved
surface. The only chan�es which might occur would be in the type of trees, etc., and would be
approved before proceeding.
Mayor Jorgenson asked if they planned to take over all of the property or a portion of the
property. Mr. Pearo stated that they would be taking over all of the property.
Councilmember Barnette asked if this would be an expansion of their Hilltop business or a
relocation. Mr. Pearo stated that it would be a relocation and is being done to provide a better
display area. Mayor Jorgenson reminded the petitioners that vehicles are not to be parked on the
boulevards.
MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #98-13, by
Hilltop Trailer Sa(es, Inc. to allow the display and sales of recreational vehicles, generally located
at 7810 University Avenue N.E. with the following stipulations: 1) parking of 68 customer
spaces be allowed, with 32 spaces shown for future parking if needed; 2) the site plan be revised
to meet the parking setback requirements; 3) curb and gutter be installed in the display and
parking areas, includin� around the landscaped islands, 4) additional landscaping be approved by
CITY COUNCIL MEETfNG OF JULY 27, 1998 PAGE 10
City staff prior to issuance of building access; 5) the existing fence be open or able to be knocked
down for emergency vehicle access; 6) the flags and banners, other than the large American flag,
be removed; 7) the building be adequately ventilated for spray paint and/or other service
processes; 8) all trash and trash handling equipment must be in closed containers; and 9) any
outdoor storage beyond the proposed camper sales will require an additional special use permit.
Seconded by Counciimember Barnette.
UPON A VOICE VOTE, ALL MENIBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
7. SPECIAL USE PERMIT REQUEST, SP #98-14, BY MAERTENS-BRENNY
CONSTRUCTiON COMPANY TO iNCREASE THE ALLOWABLE ` LOT
COVERAGE BY A SiNGLE STORY STRUCTURE iN AN M-2 ZONE FROM 40
PERCENT TO 49 PERCENT GENERALLY LOCATED AT 7901 MATN STREET
N.E. (WARD 3):
Councilmember Bolkcom stated that her concern is approving a special use permit for this
property, especially in the event that they wish to apply for a variance later. She noted that there
would be no guarantee that the City would approve a variance.
Mr. Maertins stated that he cannot speak on behalf of Metal-Tek, who are the owners of the
property. That would be a decision made by them based on the requirement that they meet all of
the parking requirements. He noted that Metal-Tek currently employs 52 people who work
•varying shifts.
Councilmember Bolkcom stated that parking requirements are not based on the number of
employees. She reminded Mr. Maertins that approval of a special use permit does not guarantee
that a variance wiil be approved should they apply for one.
MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #98-14, by
Maertens-Brenny Construction Company to increase the allowable lot coverage by a single story
structure in an M-2 zone from 40 percent to 49 percent, generally located at 7901 Main Street
N.E. with the following stipulations: 1) the number of parking stalls at the site shall either
conform to the City Code or receive a variance from the City Code prior to the issuance of a
building permit; 2) a landscape plan for the site shall be approved by the City prior to the issuance
of a building permit; 3) the drive aisle widths and distances to the property shall conform with the
City Code; 4) grading and drainage plans and draining calculations for the site shall be approved
by the City prior to the issuance of a building permit; and 5) the exterior materials and color of the
building shall be approved by City staff prior to the issuance of a building permit. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
CiTY COUNCIL MEET�NG OF JULY 27 1998 PAGE 11
10. MOTiON TO ADOPT THE CTTY OF FRiDLEY'S STORM DAMAGE CLEAN UP
POLTCY:
Mr. Adam Hardy, 6845 Channel Road, stated that he believed the role of the government was to
protect the civil and property rights of the public. Adoption of the Storm Damage Clean Up
Policy does not do either of those things. He did not feel it was a good expenditure of taxpayer
funds.
Mayor Jorgenson stated that when there is a storm, often brush piles are left in yards which
ultimately can lead to health and safety issues. By adopting the Storm Clean Up Policy, the City
is able to address those issues; thereby, effectively making sure that the City's property va(ues stay
where they should be.
Councilmember Bolkcom explained that the City did have a Storm Damage Policy in 1997.
However, they heard from a large number of residents that do feel that this is a valuable service
and that taxpayer's money should be used for this purpose. It was also noted that in some cases,
Federal emergency funds are also made available for clean-up to assure that materials are properly
disposed of.
MOTION by Councilmember Billings to Adopt the City of Fridley's Storm Damage Clean-Up
Policy. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRiED UNANIMOUSLY.
17. CiTY ATTORNEY'S REPORT:
Mr. Knaak, City Attorney, explained that he was asked by staff to address an issue raised by the
Council and the City Manager in regard to the City's reimbursement for costs related to storm
clean up by residents.
Mr.. Knaak stated it was his opinion that the City cannot legally retroactively compensate
individuals for moneys expended for private property clean up by private contractors. This
reasoning relates to the Uniform Municipal Contracting Law for the State of Minnesota which has
certain requirements that must be met before a city can expend money for any purpose. A letter
to Dr. William Burns was distributed in reference to this legal opinion.
MOTION by Councilmember Barnette to accept the letter to Dr. William Burns, from Frederic
Knaak, dated July 27, 1998 into the record. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARR.IED UNAN�MOUSLY.
CiTY COUNCiL MEETTivG OF JULY 27, 1998 PAGE 12
18. INFORMAL STATUS REPORTS:
Mr. Burns noted that there are no agenda items scheduled for the August 10 Council meeting.
Additionally, two councilmembers will not be present. It was staffs recommendation that this
meeting be canceled.
MOTION by Councilmember Barnette to cancel the August 10, 1998 City Council Meeting.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom invited all Riverview Heights residents to the meeting on Wednesday
evening at 7:00 p.m. where the focus and visions for Riverview Heights will be discussed. A
consultant has been hired to develop a mission for the area and will be present to conduct this
meeting. The meeting will be held in the Fridley City Council Chambers.
Councilmember Bolkcom also noted that Fridley continues to seek participants for the SOth
Anniversary Task Force meetings. The next meeting is scheduled for August 13 at 5:30 p.m. in
the lower meeting room of the Municipal Center.
Mayor Jorgenson reminded residents of National Night Out which will be held on Tuesday,
August 4, 1998. She encouraged their participation.
ADJOURNNiENT:
MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember
Billings.
UPON A VOICE VOTE, 111 voting �ye, M�yor Jorgenson declared the motion carried
unanimously and the Regullr Meeting of the Fridley City Council of July 27, 1998 was
adjourned at 8:30 p.m.
Respectfully submitted,
Tamara D. Saeflce Nancy J. 7orgenson
Recording Secretary Mayor
L�
�� �
Z�I. ?
TO: WILLIAM W. BURNS, CITY MANAGER �" �'_
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
ALAN D. FOLIE, ACCOUNTANT
SUBJECT: RESOLUTION ADOPTING A"PROPOSED" BUDGET FOR THE
FISCAL YEAR 1999
DATE: August 20,1998
In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is the
"proposed" 1999 Preliminary Draft Budget.
Chapter 275 requires the City to certify a"proposed" budget to the County Auditor prior to
September 15.
We request the City Council pass the attached resolution and adopt the 1999 "Proposed" Budget.
RDP/af
Attachment
1.01
RESOLUTION NO. -1998
A RESOLUTION ADOPTING A"PROPOSED" BUDGET
FOR THE FISCAL YEAR 1999
WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an
annual budget; and
WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City shall adopt a proposed
budget before September 15; and
WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that such "proposed" budget be
certified to the County Auditor;
NOW THEREFORE, BE IT RESOLVED that the following "proposed" budget be adopted and approved:
GENERAL FUND
Taxes and Special Assessments:
Current Ad Valorem
Delinquent, Penalties,
Forfeited
Special Assessments
Licenses and Permits:
Licenses
Permits
Intergovemmental:
Federal
State-
Homestead and Agriculture
Credit Aid
Local Government Aid
Local Performance Aid
All Other
Charges for Services:
HRA
Water Fund
Sewer Fund
Storm Water Fund
Liquor Fund
Cable TV Fund
Construction Funds
All Other
Fines and Forfeits
Interest on Investments
Miscellaneous Revenues
Other Financing Sources:
Sales of General Fixed Asseu
Closed Debt Service Fund
Liquor Fund
TOTAL REVENUES AND OTHER
FINANCING SOURCES
Fund Balance:
General Fund Reserve
TOTAL GENERAL FUND
ESTIMATED
REVENUE
$3,825,521
54,062
2,588
182,067
471,257
5,000
1,038,950
1,684,587
34,413
546,21 t
255,860
159,987
154,150
85,687
61,217
23,317
60,639
355,802
181,589
435,000
152,350
15,000
232,900
170,000
10,188,154
886,782
$11,074,936
1.02
Legislative:
Ciry Council
Planning Commissions
Other Commissions
City Management:
General Management
Personnel
Legal
Finance:
Elections
Accounting
Assessing
MIS
Ciry Clerk/Records
Police:
Police
Civil Defense
Fire:
Fire
Rental Housing Inspections
Public Works:
Municipal Center
Engineering
Lighting
Park Maintenance
Street Maintenance
Recreation:
Recreation
Naturalist
Community Development:
Building InspecHon
Planning
Reserve:
Emergency
Nondepartmental:
� �� 1
$96,249
1,753
8,600
269,935
129,837
296,280
0
554,011
136,797
211,822
t 11,697
3,464,099
12,645
803,110
92,536
213,386
452,681
203,795
820,808
1,235,028
768,233
244,460
246,302
433,174
191,290
76,408
$11,074,936
SPE .IA R.V .N E F iND�
Cable TV Fund
Grant Management Fund
Solid Waste Abatement Fund
Housing Revitalization Fund
Fund Balance
TOTAL SPECIAL REVENUE FUNDS
CAPITAL PROJECTS FUNDS
Capital Improvement Fund
Taxes - Current Ad Valorem
HACA
Interest on Investments
Donations
Fund Balance
TOTAL CAPITAL PROJECTS FUNDS
AGENCY FUND
Six Cities Watershed Fund
Taxes - Current Ad Valorem
HACA
TOTAL SIX CITIES WATERSHED FUND
TOTAL ALL FUNDS
$104,541
204,973
270,000
250,000
102,978
$932,492
$70,550
15,000
417,225
30,000
2,457,225
$2,990,000
$6,197
1,625
$7,822
$15,005,250
General Capital Improvement
Streets Capitai Improvement
Parks Capital Improvement
Six Cities Watershed
$160,973
197,062
324,457
250,000
$932,492
$479,500
2,210,000
300,500
$2,990,000
$7>822
$7,822
$ I 5,005,250
PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS
OF AUGUST, 1998
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
1.03
NANCY J. JORGENSON - MAYOR
DAY
��
.
.��� a
TO: WILLIAM W. BURNS, CITY MANAGER ,��
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
ALAN D. FOLIE, ACCOUNTANT
SUBJECT: RESOLUTION CERTIFYING "PROPOSED" TAX LEVY
REQUIREMENTS FOR 1999 TO THE COUNTY OF ANOKA
FOR COLLECTION
DATE: August 21,1998
In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is a resolution
certifying "proposed" tax levy requirements to the Anoka County Auditor.
Chapter 275 requires the City to certify its "proposed" tax levy requirements prior to September 15.
The staff is recommending a 1999 "proposed" tax levy of $4,034,919. This is essentially the same
levy that has been approved for the past four yeazs. It should be noted that the "proposed certified
levy" which includes a small portion for "uncollectable taxes" is $24,349 more than last year. Last
year this small portion was erroneously left off when the "proposed certified levy" was created.
The amount we are recommending to be approved by this resolution reestablishes the amount we
use as uncollectable and provides for a number that the comparable for the past years.
We request the City Council pass the attached resolution to certify the "proposed" tax levy
requirements.
RDP/af
Attachment
2.01
RESOLiTTION NO. -1998
A RESOLUTION CERTIFYING "PROPOSED" TAX LEVY
REQUIItEMENTS FOR 1999 TO THE COUNTY OF ANOKA
WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the City to certify its "proposed" tax levy
requirements to the County Auditor;
NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County Auditor of the
County of Anoka, State of Minnesota, the following "proposed" tax lery to be levied in 1998 for the year
1999.
�__ . . _ � 1►l�
General Fund
�.'� :_ ':•i � �1�l�
Capital Improvement Fund - Parks Division
� � �►1�
Six Cities Watershed Management Organization
Stonybrook Creek Sub-Watershed Dish-ict
TOTAL ALL FUNDS
$3,947,133
72,689
6,197
: ���
�,.� �� .
PASSED AND ADOP'TED BY THE CITY COUNCIL OF TI-� CITY OF FRIDLEY THIS
OF AUGUST, 1998.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
NANCY J. JORGENSON - MAYOR
2.02
DAY
MEMORANDUM
HOUSING DIVISION
DATE: August 21, 1998
TO: William Burns, City Manager ,���
FROM: Barbara Dacy, Community Development Director
Grant Fernelius, Housing Coordinator
SUBJECT: Resolution Consenting to HRA Tax Levy for Taxes Payable in 1999
This is the 3'" year that the HRA will levy taxes to help support its housing
program efforts. Although the levy is not dedicated for a specific purpose, over
the last two years it has been used to help repay the $1.5 million loan from the
City. The original loan helped capitalize the HRA's revolving home improvement
loan fund.
Under State law, the HRA can levy a tax up to .0144% of the market value of all
taxable real property in the City. In 1999, the City's projected market value will
be $1,274,477,600 generating $183,524 in tax levy revenue forthe HRA. So far,
the HRA has paid $143,332 back to the City. The next installment of $71,666 is
due on August 1, 1998 leaving a principal balance of $1,394,916.
On August 6, 1998 the HRA adopted a resolution approving a tax levy for taxes
payable in 1999. In order for the HRA levy to be certified by the County, the City
Council must adopt a separate resolution consenting to the levy. The deadline
for certification to Anoka County is September 15, 1998.
'- • •. •�
Staff recommends that the City Council adopt the attached resolution consenting
to the HRA tax levy for taxes payable in 1999.
Enclosure
M-98-178
3.01
1998 TAX LEVY MEMO
RESOLUTION NO. 1998
A RESOLUTION CONSENTING TO THE HOUSING A.ND
REDEVELOPMENT AUTHORITY IN ANll FOR THE CITY
OF FRIDLEY, MINNESOTA ADOPTING A 1998 TAX
LEVY COLLECTIBLE IN 1999.
BE IT RESOLVED by the City Council (the "Council) of the City of Fridley, Minnesota (the
"City"), as follows:
Section 1. Recitals.
1.01. The Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the
"Authority") at its regular meeting on August 6, 1998, adopted the attached HRt1
Resolution No. 1998: A Resolution Adopting A 1998 Tax
Levy Collectible in 1999.
1.02. The Council must consent to any Authority levy prior to its becoming effective as reqired
by Minnesota Statutes Section 469.033.
Section 2. Consent.
2.01. The Council hereby consents to the HRA Resolution and to the levy described therein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA THIS DAY OF , 1998.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
G:�WPD/1TA�FFRIDLEYWS�i�tA LSVY�DOCSICR'Y RESOLUT[ON_DOC
NANCY JORGENSON — MAYOR
3.02
MEM�RANDUM
PLANNING DIVISION
DATE: August 20, 1998
TO: William W. Burns, City Manager �
�
FROM: Barbara Dacy, Community Development Director
Scott J. Hickok, Planning Coordinator
SUBJECT: Assessment for Paul Beall - 261 57"' Place
INTRODUCTION
The City Council has been asked to decertify an assessment to Mr. Paul BeaU's
taxes. Mr. Beall opted not to install a driveway as part of the City's 1997 bulk
driveway contract, after a driveway was designed, priced, and certified for
assessment. A resolution has been attached for your review.
ISSUES
On August 13, 1997, Paul Beall, 261 57�' Place NE responded affirmatively to the
Community Development Department's survey regarding involvement in the City's
driveway paving / assessment program.
On October 27, 1997, the City Council certified the assessments. Mr. Beall's
driveway had not been installed at the time of Council's approval, however the
drive details were being finalized and installation was anticipated shortly after
Council Certification. Subsequent to Council's action, staff met with Mr. Beall, who
had then decided not to have the driveway installed. Mr. Beall has site drainage
problems that he felt would only be exacerbated by the installation of a driveway.
To de-certify Mr. Beall's assessment the City Council will be required to approve
the de-certification by resolution.
RECOMMENDATION
Approve the attached resolution:
M-98-179
4.0.1
RESOLUTION NO. - 1998
A RESOULTION APPROVING A DE-CERTIFICATION OF THE
DRIVEWAY TAX ASSESSMENTS FOR PAUL BEALL, 261 57T" PLACE.
WHEREAS, the City Council considered the assessment of $1502.50 for the Paul
Beall Property at 261 57�' Place, on October 27, 1997; and
WHEREAS, the City Council approved the certification of $1502.50 on the property
owner's taxes for purposes of driveway installation in conjunction with the City's
bulk driveway installation program recommended approval to vacate; and
WHEREAS, subsequent to the certification of $1502.50 as a tax assessment, Mr.
Beall determined that he did not want a driveway to be installed; and
WHEREAS, The City did not install a driveway on the Beall property, consistent
with the property owner's wishes.
NOW, THEREFORE, BE IT REOLVED, that the City Council of the City of Fridley
hereby approves the de-certification of tax dollars in the amount of $1502.50, for
the property at 261 57�' Place, and authorizes the City Clerk to Contact Anoka
County to relieve the property owner of the assessment of $1502.50.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF ,1998.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
4.02
NANCY J. JORGENSON - MAYOR
�
_
crnr oF
FR1 DLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNNERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
To: Bill Burns, City Manager ,��,��
�
From: Rick Pribyl, Finance Director
Deb Skogen, City Clerk
Subject: Resolutions Appointing Polling Locations and Election Judges
for the 1998 Two Year Election Cycle
Date: August 20, 1998
T'he attached resolution appoints the polling locations and election judges for the 1998 two
year election cycle. The head judges are being appointed by precinct. The remainder of the
election judges are being appointed without precinct assignments at this time to allow the
city more flexibility in determining precinct assignments. The election judges receive
training which qualifies them to serve a two year term as an election judge. The election
judges being appointed have been selected from previous work as election judges, lists
which have been provided by the political parties and those individuals who have registered
for election judge training.
5.01
RESOLUTION NO. -1998
RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING
ELECTION JUDGES FOR TF� 1998
TWO YEAR ELECTION CYCLE
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley,
Anoka County, Minnesota, at a regular meeting on August 24, 1998.
SECTION 1. That on the 15th day of September 1998, and the 3`� day of November, 1998,
there shall be a Statewide Primary and General Election:
SECTION 2. That the polling places for said election shall be as follows:
Ward 1 Precinct 1
Ward 1 Precinct 2
Ward 1 Precinct 3
Ward 1 Precinct 4
Ward 2 Precinct 1
Ward 2 Precinct 2
Ward 2 Precinct 3
Ward 2 Precinct 4
Ward 3 Precinct 1 A
Ward 3 Precinct 1B
Ward 3 Precinct 2
Ward 3 Precinct 3
Ward 3 Precinct 4
Grace Evangelical Free Church
Hayes Elementary School
Fridley Municipal Center
Fridley Senior High School
Woodcrest Elementary School
Knights of Columbus
St. Philip's Lutheran church
North Park Elementary School
Springbrook Nature Center
Fridley Municipal Center
Redeemer Lutheran church
Stevenson Elementary School
Fridley Covenant Church
SECTION 3. That the polling place will be open from 7:00 a.m. to 8:00 p.m. for the
purpose of voting:
SECTION 4. That the following judges are appointed to act as chairperson of the Election
Board for the precincts designated and shall have the duties set forth in Section 204B.20 of
Minnesota Statutes.
Ward 1 Precinct 1
Ward 1 Precinct 2
Ward 1 Precinct 3
Ward 1 Precinct 4
Wazd 2 Precinct 1
Ward 2 Precinct 2
Ward 2 Precinct 3
Wazd 2 Precinct 4
Ward 3 Precinct lA
Ward 3 Precinct 1B
Ward 3 Precinct 2
Ward 3 Precinct 3
Ward 3 Precinct 4
Carolyn Holmen
Arlene Linton
Bernadette Bovy
Norma Rust
Teresa Hub
Joann Cederholm
Larry Ovshak
Jackie Walther
Betty Bonine
Sue Anne Kirkham
Marie Nelson
Irene Maertens
Suzanne Alvite
5.02
Page 2— Resolution No. - 1998
SECTION 5. That the following people are hereby appointed to act as 7udges for said
election except that the City Clerk is hereby authorized to appoint qualified substitutes as set
forth in Chapter 4, Section 4.05 of the City Charter.
Nena Anderson
Eleanor Anderson
Jerold Bahls
Cacrie Bakken
Ann Bangen
Louise Bennethum
Carolyn Bethel
Rita Binkowski
Cazole Blaska
Marilyn Brick
Dennis Bushnell
Ardella Buss
Linda Colstrom
Joyce Cooke
Eva Coverston
Jean Coyle
Jan Doucette
Glen Douglas
Marjie Douglis
Carolyn Doyle
Mazlys Dunlap
Harold Dwire
Marlene Eidem
Barbara Enrooth
Shirley Erickson
Marion Ertl
Velma Farr
Patty Galligan
Marguerite Gilbert
Janet Griffith
Adeline Haidle
Ruby Ha11
Laurie Harris
Oksana Hawryluk
Jan Hebeisen
Eleanor Heyda
Mary Hintz
James Holmen
Jane Hosman
Robert Hosman
Ruth Huss
Sharon James
Carol Johnson
Elnerine Johnson
Irma Kelly
Mary Ann Kerner
Corine Kirkham
Hazriet Kish
Janet Kothman
Marlys Kranz
Viola Lambrecht
Nina Landt
Carolyn Larson
Joan Leonard
Jeanette Lindquist
Marlys Lisowski
Natalie Lohmer
Jan Long
Connie Metcalf
Annabel Monson
Ben Monson
Myrtle Morphew
Joe Murphy
Betty Nelson
Marie Nelson
Doris Nord
Donna Nordin
Eunice O'Neill
Dona Mae Odland
Ruth 011ila
Kay Olson
Marty Olson
Eugene Ouellette
Lois Palmquist
Barb Pickering
Jeanette Priebe
Wilfred Raeker
Courtney Rathke
Keith Rother
Connie Samuelson
5.03
Page 3 — Resolution No
Beverly S�
Marlene Schonebaum
Tom Schonebaum
Joan Schroeder
Betty Scott
Marilyn Seeman
Dorothy Sielaff
Mary Smith
Norma Spencer
Beverly Steeves
Marlene Steichen
Janet Swanson
Michelle Swendsrud
- 1998
Ruth Sydow
Betty Tonneson
Regina Tony
Dee Truehl
Darlene Vallin
Dorothy Veres
Jackie Walther
Angeline Westman
Ann Whelchel
Ann Williams
Maween Woodard
Laurence Zimmerman
Maria Zurbey
SECTION 6. Compensation for said 7udges will be paid at the rate of $7.00 per hour for
regular Judges and $7.50 for the Chairperson of the Election Boazd.
PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CTTY OF FRIDLEY
THIS 18TH DAY OF AUGUST, 1998.
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
5.04
NANCY JORGENSON, MAYOR
�
•
�.i. a
TO: WILLIAM W. BURNS, CITYMANAGER ��j�
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: RESOLUTIONINITIATING THE PROCESS FOR THE SALE OF
THE CITY'S $4,185,000 TAXABLE GENERAL OBLIGATION TAX
INCREMENT BONDS, SERIES 1998B
DATE: August 21,1998
The attached resolution was prepared by the City's Bond Counsel, Jim O'Meara, from the
firm of Briggs & Morgan. This resolution is required to be passed by the Council in
order to proceed with the above mentioned bond issue. The approval will start the
process of the competitive sale of the general obligation bonds and provide an appropriate
time frame for advertisement and review of the bids. The City's Financial Advisor,
Springsted, recommends that the bonds are necessary to repay the City's $4,090,000
General Obligation Temporary Tax Increment Bonds, Series 1995A, which mature on
November 1, 1998.
The Series 1995A Bonds were used to replace a previous temporary bond issue called the
$4,030,000 General Obligation Temporary Tax Increment Bonds, Series 1992C. These
bonds were used to purchase the development rights to the 38 acre tract of land along
Interstate 694 and Minnesota State Highway 65. Under Minnesota State law, temporary
bonds cannot exceed a•total term of six years and it is now time to put permanent
financing in place.
RDP/me
Attachment
6.01
RESOLUTION -1998
RESOLUTION I1�TITIATING THE PROCESS FOR THE SALE
OF THE CITY'S $4,185,000 TAXABLE GENERAL OBLIGATION
TAX INCREMENT BONDS, SERIES 1998B
BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows:
It is hereby determined the Council believes it to be in the City`s best interest to consider a
permanent refinancing of the City's General Obligation Temporary Tax Increment Bonds, Series
1995A, dated November 1, 1995, issued and still outstanding in the original principal amount of
$4,090,000 (the "Prior Bonds").
The Prior Bonds mature on November 1, 1998, in the aggregate principal amount of $4,090,000.
It would be advantageous for the City to issue its Taxable General Obligation Tax Increment
Bonds, Series 1998B (the "Bonds"), pursuant to Minnesota Statutes, Section 469.178, and
Chapter 475, to provide moneys for a refinancing of the Prior Bonds.
The City has retained Springsted Incorporated, in Saint Paul, Minnesota, as its independent
financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive
negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9).
The terms and conditions of the Bonds and the sale thereof are fully set forth in the "Terms of
Proposal" attached hereto, and the Council shall meet at the time and place specified therein for
the purposes of considering the bids for the purchase of the Bonds and considering the award of
the sale of the Bonds.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1998.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
6.02
NANCY J. JORGENSON - MAYOR
�
�
CffY OF
FRIDLEY
To:
From:
Date:
Re:
MEMORANDIlM
William W. Burns, City Manager�,��
Sara Hill �.
�
August 20, 1998
Police Technician Re-Classification Resolution
Sara S. Hill
Human Resources Manager
(612) 572-3507
Attached is the legislation that was prepared in response to the City Council's
informal approval of the re-classification of the position of Police Technician at
the Council Conference Meeting held on Monday, August 17, 1998.
As discussed, this resolution will be up for consent at the City Council Meeting
on Monday, August 24, 1998.
Thank you for your assistance in this matter.
7.01
RESOLUTION NO. -1998
A RESOLUTION ADJUSTING THE SALARY OF
POLICE TECHNICIANS
WHEREAS, on J.anuary 1, 1997 salaries of City of Fridley employees were adjusted to
correspond to the revised classification plan based on the study carried out by the Metro
Area Management Association; and
WHEREAS, subsequently the City of Fridley carried out a re-classification study of the
Police Technician's position; and
WHEREAS, this subsequent study showed that the Police Technicians fall in Grade E of
the Classification and Compensation Plan of the City of Fridley; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that
the salaries of the Police Technicians be adjusted in accordance with the above mentioned
re-classification study effective January 1, 1997.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1998.
DEBRA A. SKOGEN - CITY CLERK
NANCY J. JORGENSON - MAYOR
7.�2
City of Fridley
TO: William W. Burns, City Manager �-� �y
p� .
FROM: John G. F1ora,rPublic Works Director
DATE: August 24, 1998
SUBJECT: Supplemental Public Hearing
PW98-172
With the County's decision to adjust the aligrunent of Central Avenue in conjunction with their
improvement project, they propose to shift the road 4 feet to the west and 4 feet to the east. The original
plan was to move the road 8 feet to the west. Accordingly, a public hearing was held and those residents
on the west side of the improvement project were advised of a possible assessment. No notice was made
for the east side.
In addition to the major project, the County is proposing to mill and overlay that section of Central Avenue
south of Rice Creek and in that process it is proposed to complete the concrete curb on the remaining portion
of Central Avenue north of 66`� Avenue that does not have concrete curb. This area has also not been
notified of a possible concrete curb assessment.
To proceed with this project and assess for the improvements, the Council needs to schedule a supplemental
public hearing for the assessments south of 69�' Avenue and east of Central Avenue to properly notify the
residents of the pending assessment.
Recommend the City Council establish a supplemental public hearing for the Central Avenue Improvement
at their September 14, 1998 meeting.
JGF:cz
8.01
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CITY OF FRIDLEY
NOTICE OF SUPPLEMENT PUBLIC HEARING ON
CENTRAL AVENUE IMPROVEMENT NORTH OF 66T" AVE
WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive
evidence pertaining to the improvements hereinafter described.
In conjunction with the County's improvement and mill and overlaying of Central Avenue, concrete curb and gutter
will be placed on both the east and west side of the project where none is currently in place. In consistency with the
City Policy, properties that have not paid for concrete curb and gutter will be assessed for this improvement.
NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 14�' day of September,1998, at 7:30 pm the City
Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Ave., N.E., Fridley, MN, and
will at said time and place hear all parties interested in said improvements in whole or in part. ,
The general nature of the improvements is the construction (in the lands and streets noted below) of the following
improvements, to-wit:
CONSTRUCTION ITEM
Street improvements, including grading stabilized base, hot-mix bituminous mat, concrete curb and gutter, storm
sewer system, water and sanitary sewer, landscaping, and other facilities located as follows:
Partiallv Assessed Concrete curb and gutter not-to-exceed $11.00 per front foot
Central Avenue North of 66'� Avenue
All of the land abutting upon said streets named above and all lands within, adjacent and abutting thereto.
All of said land to be assessed proportionately according to the benefits received by such improvement.
Hearing impaired persons planning to attend the public hearing who need an interpreter or other persons with
disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 1, 1998.
Published: FRIDLEY FOCiJS:
August 20, 1998
August 27, 1998
September 3, 1998
8.03
August 7, 1998
Subject: Concrete Curb Assessment
Dear Resident:
PW98-150
The County is scheduling an improvement of Central Avenue. In conjunction with the improvement,
concrete curb and gutter will be placed on both the east and west side of the project where none is
currently in place. In consistency with the City's policy, the concrete curb and gutter will be assessed
to the abutting property owners at a cost not-to-exceed $1 ].00 per front foot. As a result of this
improvement, a suppiemental public hearing is scheduled at the Municipal Center in the Council
Chambers on September ] 4, 1998 at 7:30 p.m.
If you have any questions, you may contact me at 572-3550 or attend the meeting.
Sincerely,
John G. Flora
Director of Public Works
�GF:cZ
: 1 �
City of Fridley
TO: William W. Burns, City Manager �%�
�
FROM: John G. F1ora�Public Works Director
DATE: August 24, 1998
SUBJECT: Central Avenue Improvement Project
PW98-176
We have received a revised Joint Powers Agreement for the improvement of Central Avenue. This
agreement is similar to the original agreement with the addition of concrete curb and gutter on both sides
of Central Avenue from 200 feet south of the Rice Creek bridge to 73`� Avenue. This change also increases
the City's participation in 50% of the cost associated with the concrete curb and gutter, storm leads and
boulevard improvements associated with that work. This work will be assessed to the abutting property
owners, primarily Onan and Medtronics.
Recommend the City Council authorize the Mayor and City Manager to execute the revised Joint Powers
Agreement for the Central Avenue improvement project.
JGF:cz
Attachment
9.01
08/20/98 18:1� FA% 612 882 4201 ANORA CO HH'Y DPT f�002/007
Moka Camty Coatraa No. 980330
RE'VISED
JOINT PO'W�RS AGREEMENT
FOR THE IMPROVF..ME�,'NT OF COUNTY S?ATE AID HIGHWAY N0. 3S (CENTRAL AVENUE)
FROM TRUNK HIGIi'WAY 65 TO 81ST AVENUE
PROJECT NO.:S.A.P. 02-635-08
S.A.P. 02-635•10
Ms� i2�-o2a2i
� MSAP 183-020-OS
'This agreement made and entered into this 12th day of May, 1998, by and bctween the Couuty of
Anoka, Stale af Minnesota, a political subdivision of the State of Minnesota, 2100 Third Avemie North,
Anoka, Minnesota, 55303, hereinafter refetred to as "County", and the Ciry of Fridley. 6431 Univecsity
Avenue Northeast, Fridley, Miaaesota 55432. horeinafter referred to as tha "City".
VI/YTNESSETH:
WHEREAS, the parties to this Agreement coasider it mutualiy desuablc to widen aad overfay County
State Aid Highway No. 35 from thc Rice Creek Bridge to Osborne Road; and to miU aad overlay County
Staie Aid Hishway No. 35 from 300 meters north of Trunk H'ighway 65 to the Rice Creek Bridge; and,
WI�iE12EAS, the Aaoka County Highway Department has prepared plans and specifications for
S.A.P. 02-635-08 which pl3ns snd specifications are dated July 14, 1998, aad which are on file in the offico af
the County Enginecr, and,
WI�.REAS, the pazties agroe that it is in their best interest tl�at the cast of said project be shared; aad,
WHER�AS, togeth�r witi� the sharing of tiie cost of consauctioa for the traffic sigaal iavtsllaflons
and roadway, the City will incorporate a bituminous trail, the watern�s.ia, sanitary sewer and miscellaneous
utility work to be covered by this Agreement; and,
VVF�RF.AS, the City has requcsted that curb and gutte,r be added to the projcct from 73rd Avenue
south to 200' + south of Rice Creek Bcidge aad that thc roadway be widened 4' on each side of the roadway
from 73rd Avenue to 69th Avenue; and,
Vi�IEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter inio joi�
powers agreements for the joi� exercise of powers common to each.
NOW, THEREFORE, it is mutua]ly stipulated and agreed as follows:
I. PURPOSE
The parties have joincd together for the purpose of reconstruction of the roadway, installation of
t�affic signal systems, construction of storm sewer and miscellaneous utility realloca.tions on a portion of
County State Aid Highway No. 35 (Cenual Avenue) as described in the plans and specificatioas m�mbered
S.A.P. 02-635-48 on iile in the office of the Anolca, Coucny H'ighway Department and incorporated herein by
reference.
� ��� ��
The Cou�y shall provide all engineering services aad shall cause the construction of Anoka County
Project No. S.A.P. 02-635-08 in conforntance with said plans and specifications. The adverasement of bids
9.02
OS/20/98 16:14 FA% 612 862 4201 ANORA CO HWY DPT �J003/007
and the acceptance of all bid proposals shall be done by the County. The award of the Contc�ct shall be done
by the County.
III- COS'T
A. The contract costs af the work, or if the work is not convacted, the cost of all labor, materials,
aormal engineering costs, and cquipment rental required to complete the wark, shall constitute the a�ctual
consuuction costs and shall be so refened to herein. "Estimated costs" are good faith projections of tlu
costs which will be'incurred for this project. The estimated coastruction wsts are attached as Exiubit A.
Actual costs may vary and those will be the costs for which thc City will be responsible.
B. The estimated cost of the total project is Two Million, Two Hundred Sixty-0ne Thousaad,
Eight Hundred Sixty-Two Dollars and 76/100s ($2,261,862.76). Participation in the coestruction costs is as
follows:
1. The City shall pay 100°/a of the watcrmain and sa:utary sewer 'smprovemeats,
relocations and adjustrnenu. The estima,ted cost of the utility improvements is $45,562.72.
2, The Gity shall pay their share of the storm sewer mainliae coashvction bascd on �
percennge of m3inline flow attributed to connecting City owned laterals to the msin]i.ne. The City's ,mainline
participation is estimated at 46%. Tho estisnated construction cost of storm sewer is 5988,105.15 of which
$855,185.89 is mainline sewer costs. Ofthis, the City's estimated share is 5393,385.51.
3. The (�ty shall pay 50% of the cost of the concrete curb and gutter constructed arithin
the City excludiag the cost of the median curb and gutter. The total projecc estimated cose of thc conerete
curb and gutter coastruction is 584,071.00, of which the City's estimaud sbare is $15,409.30. C'redit has been
givea to existing curb and gutter zemoved and replaced.
4. The City shall pay 100% of the cost af the newly constructeed bituminous trail
(including associated retsining wall). The cstimated cost to the City is $79,292.80.
S. The Counry shall pay 100% of the cost of "in-kind" driveway pavemeat
replacements. The City shall pay 100% of the cost of aewly constructed/upgraded driveway pavcmeat The
estimated cost to the C�ty is $ 0.00 .
6. 'Iiie City sha]1 pay 0% of the cost of the Traffic Signal System Revision at the
iatersection of 69th Avenue and County State Aid Highway No. 35 siace this sip�al is a permaaent system.
Tise estimated cost of the Tra.ffic Signal System� including equipment furnished by the Coumy. is 555,320.00,
of whicb tbe City's share is 50.00.
7. The City shall pay 100% of the cost of the Internally Lit Signs for tlu above signat
syscem. The estimated cosc to the City is $16,755.00.
8. The City sb�sll pay for 50% of the cost to coaswct curb and gutter oa the east side of
the roaciway including the costs of c�urb and gutter, resto�adon of sod, scorm sewer leads and eaich basins
which were not part of the original bid. In addition, patching the cross road cuts necessary for said cgtch
basia leads and added tr�ff'ic cantrol costs. The estimated cusc of the extra work is �200,000.00 of whicb the
City shall pay 5100,000.00.
9. The City shall provide construction observatioa for the relocation sad recos�tructioa
of their utilities and approve for acceptance the work as it is completed.
9.03
OS/20�98 16:15 FA% 612 882 4201 ANORA C0 HVYY DPT �J004/007
10. Ciry representatives shall observc the configuration of each of the pedestriaa curb
ramps as located in the field in order to satisfy for themselves the conditions for locating tha ramps as such
prior to coastiuction.
11. The City shall furnish and deliver to the cansCruction site replaccmeac hydraats for
aay hydrant which is being relocated as a part o#'this proj ect which they want replaced
C, The total escimated cost to the City for ihe projcd is $550,405.33 (sce attached Exhibit A for
de�termination of cost participation and attacbed Exhibit B for the Cost-Shsring Agreement). The G�ty
participazion in engineering will be at a cate of 8% of their dcsigaated share. 'Y'hc cstimated cost to the City
for engineering is 544�032.43. Therefore. the total estimated City cost af the project is 5594,437.76.
D. Upon award of the contract, the City shsll pay to thc Coumy, upon written demaad by the
County, 95°/a of its portion of the construction costs of the project estimated at 5564,�15.87. 'Y'he City's share
of che costs of the proj ect shall include only construetion and engineering expanses and does not includo
administrative expenses incurred by the County.
E. Upon final completion of the pmject, the City's shsre of the construction c� will be based
upon actual construction costs. Lf necessary, adjustcnents to the initia195% charged will be made in the fonn
of credit or additional charges w the City's share upon the written demand by the Counry. The remainiag S%
of the City's portion of the constructian costs shall be paid.
N. F�M .
This Agreemcnt shall contimie until ternlinated as provided hereinafter
V. I�ISBURS�MENT OF FtiTNDS:
All fi�nds disbursed by the Counry or City pursuaat to this Agreement shall be disbursed by each
entity pursuant to the method provided by law.
VY. CONTRACTS AND PURCHASES:
All contracts let and pwchases made pursuant to this Agreeme.nt shall be made by Anaka Couaty ia
conformance to stat�e laws.
VII. S CI' ACCOUNTABT[..IT'Y:
A strict acxounting sball be made of all funds aad report of all receipts and disbursements sbaU be
made upon request by either party.
VYII. TERMINATION:
This Agreement may be termiaated by either party at any timc, with or without cause, upan aat kss
than thirty (30) days written notice delivered by ma.il ar in person w the other pany. If norice is delivered by
mail, it shall be decmed to be received two (2) days after mailing. Such terminatioa sha11 n�g bo effecave
with respect to any solicitation of bids or any purchases of service or goods which occurred priar w such
notice of tezmination. The City shall pay iu pro-rata share of costs which the County incurred prior W such
notice of termination.
9.04
OS/20/98 18:15 FA% 612 862 4201 ANORA CO HH'Y DPT l� 005/007
► � ► ' � ����
The City shall install or cause the installatian of aa adequate eleertrical power source to the servico
pad or pale, including any aecessary cxtea�ions of power lines, and upoa complctian of said �c coatrol
signal installation, tbe ongoing cost of electrical power to the signal shall be at the cost and expcnse of the
Ciry.
: � 1:_ , _ 11�/. : � ►
In accordance with the Couaty's Ai�innative Actian Policy aad the Couaty Commissione�s policics
against discriminatioq no person shall illegally be excluded from full-time employment rights in, be deaied
the bcnefits of, or be otherwise subjected to discrimination in the program whicb is the subject ofthis
Agreemeat on the b�is of race, creed, color, sex, marital status, public assistance status, age, disability or
national origin.
XI. MAiNTENANCB:
A. Maintenaace of the completed signal and si�al equipment will bc the sole obli�adoa of the
County.
B. 'Iho County Highway Departmcat sball maintain the t�a.ffic signal coavoller, traffic sig�sal
lamps, loop detectors aad associated wiring of the traffic control system at the sole obligaiioa of the County.
C. Paiating of the �raffic signal sysum will be the sole obligation ofthe Couitty.
D. Timing of the �affic comrol signal shall be determined by the County.
E. Only the County shall have access t�o the controller cabinet.
F. The tra�c control signal shall be the property of the County.
G. Tho City will bo responsible for any electrical power installation and ongoing power cost,
construction costs, luminaire relamping, ma.iatenance, and paintin�.
H. This maintenaace agreement supersedes any previous agreement relstive to said signal
undertakea by both the City and the County.
I. Maintenance of the completed watermain, saniUuy sewer� and stormceptors storm sewer
system except catch basins leads, and any future bikeway and sidewalk shall be the sole obligation of the
City.
XII. NOTICE:
For purpose of delivery of any netices hereunder, the notico shall be effe�tive if delivaed to the
County Administrator of Anoka County, 2100 Third Avenue. Anoka, Minnesoca 55303, o� behalf of the
Counry, and thc City Manager of Fridlcy, 6431 University Avenue Northeast, Fridley, MiAncsarta 55432, rnt
bchalf of thc City.
XIII. INDEMMI�'YCATI ON:
The City and the County mutually agree to indemaify and hold barmless each other from aay claims,
losses, cosb, expenses or damages resulting from the acts or omissioas of the respective officers, ageats or
employees relating to activity conducted by either party under this Agreement.
9.05
OS/20�98 18:18 FA% 812 862 4201 ANORA CO HWY DPT 1�008/007
�i. EN�TRE AGREEMENT/REOUIREMENTS OF A WRITING:
It is underst,�od and agreed that the enrire agreement of the parties is coAtained herein and that this
Agreemeat supersedes all oral agreements and sll negoriatioas between the parties relati.ng to the subject
matter thereof, as well as any previcus agreement preseatly in effect becwcen the parties rela�ng to the subject
matter thereof. Any alterations, variations or modifications of the provisions of the Agteemcnt shall be valid
ucily whea they hava beea reduced w writing and duly signed by the parties hereia.
9.06 .
08/2p/98 16:16 FA% 612 862 4201 ANORA CO HWY DPT
IlJ Wl'INESS WHEREOF� the parties of this Agreement bave hereumo set their hands on t6e dates written
below:
COUN7Y OF ANOKA
By:
Dan Erha.rt, Chaimlan
Anoka Counry Board of
Commissioners
Dated:
ATTEST:
sy:
John "]ay" McLinden
Aaoka County Administrator
Dated:
Recommend for Approval:
By:
Jon G. Olson, PE
Anoka Counry Eaginecr
Dsted:
APPROVED AS TO FORM:
Dan Klint
Assistant County Attomey
Dated:
CTI'Y OF FRIDLEY
By:
Name:
Title:
Dated:
By:
Name:
Title:
Dated:
sy:
Name:
Titla:
Dated:
By:
Name:
Title:
Dated:
9.07
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Fridiey Police Department
Memorandum
To: William W. Burns ',��
%
From: Lt. Herb Zimmerman
Date: August 19, 1998
Re: 1998-1999 Animal Control Contract
Attached is the proposed 1998-1999 animal control contract. We are once again
proposing this contract be made with Brighton Veterinary Hospital. There aze no changes
in the new contract, including compensation.
The Fridley Police Department is very satisfied with the service provided by the Brighton
Veterinary Hospital and recommends approval and signing of the contract.
�10.01
AIVIMAL CONTROL CONTRACT
This contract, made and entered into this 24`� day of August, 1998 by and between
Brighton Veterinary Hospital, 2615 Mississippi Street, New Brighton, Minnesota, 55112,
hereinafter referred to as "animal shelter" and the City of Fridley, a municipal corporation,
6431 University Avenue, Fridley, Minnesota 55432, hereinafter refened to as "city".
I. "TERM
The term of this contract shall be from September 1, 1998 through August 31,
1999.
II. AIVIMAL SHELTER SERVICES
The city agrees to purchase and the animal shelter agrees to furnish the following
services:
1. Shelter for animal drop-offs on a 24-hour basis.
2. Animal examinations and veterinary care as required during normal business
hours.
3. Seized stray animals shall be held for five (5) regular business days. After five
regular business days the city shall have no right or interest in such animals.
4. Euthanasia and disposal if required due to serious injury, illness, or after five
regu(ar business days, in compliance with State Statute MS 35.71.
5. Receiving and disposing of dead animals delivered by the city.
6. Upon request, train city animal control officers in safe and humane handling
and apprehension of animals.
7. Keep accurate records of all animals impounded, boarded, and destroyed,
pursuant to this agreement and furnish monthly statements to the city.
8. Keep the animal shelter open during normal business hours of the Brighton
Veterinary Hospital and not less than normal business hours of the city.
9. The animal shelter, during normal business hours, shall be open for inspection
by the city or it's agents.
10. Collect license fees from owners who retrieve animals not currently licensed
and return fees to the city.
10.02
11. Collect boarding fees at $10.00 per day for dogs and $8.00 per day for cats,
per animal from owners who retrieve animals. Fees are kept by the animal
shelter.
12. Hold any impounded animal being reclaimed until proof of applicable cunent
licensing and rabies vaccine is produced.
13. Serve as animal control officers for the city, as defined in Fridley City Code
Chapter 101, and as applicable to the operation of the animal shelter.
III. CITY RESPONSIBILITY
After normal business hours, the city will transport any injured animals that are in a
live threatening condition to the �liated Emergency Veterinary Services, at no
cost to the animal shelter. After treatment and release the city will transport the
animal to the animal shelter.
IV. CO��fPLIANCE WITH LAWS
In providing all services pursuant to this contract, the animal shelter shall abide by
all statutes, ordinances, rules and regulations pertaining to or regulating the
provision of such services.
V. •AUDIT DISCLOSURE AND RETENTION OF RECORDS
The animal shelter agrees to make available to duly authorized representatives of
the city and either the legislative auditor or the state auditor for the purpose of
audit examination, any books, documents, papers, and records of the animal shelter
that are pertinent to the animal shelter's provision of senrice hereunder. The
animal shelter further agrees to maintain all such required records for three years
after receipt of final payment and the closing of all other related matters.
VI. ANIMAL SHELTER RESPONSIBILITIES AND INSURANCE
The animal shelter shall be responsible for all damages, harm or illness suffered by
the animals under its care and in its custody which may be due to the negligence of
the animal shelter. Said animal shelter shall save the city harmless from any
damages, costs, actions, or causes or action, or claims made against the city for
any harm, losses, damages, or expenses or account of bodily injury, sickness,
disease, improper disposition, death, and property damage resulting from the
animal shelter's operation.
The animal shelter shall procure and keep in full force comprehensive general
liability insurance in the amount of not less than $100,000 and $350,000 to
10.03
safeguard and indemnify the city for any of the occunences aforementioned. Such
insurance policy must be filed with the city clerk.
VII. COMPENSATION
1. The city shall pay the animal shelter the sum of $1,200 per month for services
stated in this contract. Said sum shall be paid on or about the last day of the
month, or within thirty (30) days after submission of the monthly claims, by the
animal shelter.
2. The animal shelter may charge and retain customary veterinary fees including
rabies, and distemper-parvot (DHPP) vaccine.
VIII. EARLY TERMINATION
This contract may be terminated by either party, with or without cause upon thirty
(30) days written notice, delivered by United States mail or in person, to the other
party. For purposes of such notice, the address of the animal shelter is:
Brighton Veterinary Hospital PA
2615 Mississippi St.
New Brighton, MN 55112
and the address of the city is:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
IX. MODIFICATIONS
Any material alterations, modifications or variations of the terms of this contract
shall be valid and enforceable only when they have been reduced to writing as an
amendment and signed by the parties.
X. ENTIRE AGREEMENT
It is understood and agreed by the parties that the entire agreements of the parties
are contained herein and that the contract supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the animal shelter and the city
relating to the subject matter hereof. The parties hereto revoke any prior oral or
written agreement between themselves and hereby agree that this contract is the
only and complete agreement regarding the subject hereof.
10.04
AlVIMAL SHELTER CITY
� �,
By' �� By' —
Title: ��� � d� Title:
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Date: J ( �'-�-�1 ��' Date:
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Title: Title:
Date:
10.05
Date:
�
�
Cf1Y OF
FRIDLEY
Name Position
Debra City Clerk/
Skogen Records
Manager
Exempt
APPOINTMENT
August 24, 1998
Starting
SalaN
$40, 945.68
per year
11.01
Starting
Date
Aug. 17
1998
Reqlaces
William
Champa
�
L
CffY OF
FRIDLEY
CLAIMS
AUGUST 24, 1998
�
�
CiiY OF
FRIDLEY
Tvue of License
CIGARETTE SALES
Walgreens #04697
6525 University Avenue NE
Fridley, MN 55432
FOOD SALES
LICENSES
AUGUST 24, 1998
BY
Joel H. Levin
Walgreens #04697 Joel H. Levin
6525 University Avenue NE
Fridley, MN 55432
INTERSTATE COMMERCE SOLICITOR
Childlinc USA Gail Calloway
2920 N Green Valley Parkway
Building Three - Suite 321
Henderson, NV 89104
Aaproved Bv:
Police Dept.; Fire Dept.;
Community Development;
Building Inspection
Police Dept.; Fire Dept.;
Community Development;
Building Inspection
Police Dept.; Fire Dept.;
Community Development;
Building Inspection
TEMPORARY OUTDOOR FOOD SALES
March of Dimes Lynn Van Ornum Police Dept.; Fire Dept.;
5233 Edina Industria( Boulevard Community Development;
Edina, MN 55438 Building Inspection
13.01
Fees•
$125.00
$35.00
N/A
N/A .
�
�
CfTY OF
FRIDLEY
ELECTRICAL
McClish Electric Inc �
431 Territorial Rd
Blaine MN 55432
EXCAVATING
Rehbein Glenn Excavating Inc
8651 Naples St NE
Blaine MN 55449
GAS SERVICES
Air America Inc
11424 Louisiana Ave N
Champlin MN 55316
Anderson Air Cond
4347 Central Ave NE
Columbia Heights MN 55421
Commercial Plumbing & Htg Inc
3151 101 Ave NE
Blaine MN 55449
Dahl Heating
1933 164 Ln NE
Ham Lake MN 55304
ELK Mechanical HVAC Inc
15940 Radium St NW
Ramsey MN 55303
Quality Air
10830 Magnolia St NW
Coon Rapids MN 55448
Suburban Air Conditioning Co Inc
8419 Center Dr NE
Minneapolis MN 55432
LICENSES
AUGUST 24, 1998
Warren McClish
Cindy Rood
Richard Vouela
Ray Anderson
Natalie Skeie
Jerry Dahl
William Kerns
Robert Lilya
Mark Sims
13.02
STATE OF MINN
RON NLKOWSKI
Building Official
RON NLKOWSKI
Building Official
Same
Same
Same
Same
Same
Same
GENERAL CONTRACTOR-COMMERCIAL
AAAmerica's Best (4944)
2400 Interlachen Dr #222
Spring Park MN 55384 Donald Haight
Able Property Management
9920 Zilla St
Coon Rapids MN 55433 Tim Chies
Arthur Siding & Trim
132 116 Ave NE
Blaine MN 55434 Randy Arthur
Bennett D & Sons
3300 Co Rd 10 #110
Brooklyn Center MN 55429
Englund Roofmg & Construction
5110 226 Ave
Bethel MN 55005
Erdahl Construction
15689 52 Ct
Rogers MN 55374
Gangelhoff Construction
2730 Buchanan St NE
Minneapolis MN 55418
L P Construction
19115 University Ave NE
Cedar Mn 55011
Midwest Siding & Roofing
18979 Gladstone Blvd
Maple Grove MN 55311
Onmi Contracting Inc
7000 Oxford St
St Louis Park MN 55426
Pheifer John Contracting
700 Marigold Ter NE
Fridley MN 55432
Brian Borash
Ricky Englund
Dana Erdahl
Dave Gangelhoff
Larry Plochocki
Greg Greulis
Norman Johnson
John Pheifer
13.03
RON JULKOWSKI
Building Official
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
Renaissance Builders
4020 Macalaster Dr NE
St Anthony MN 55421
Trane Brad Construction
4633 2 1/2 St NE
Fridley MN 55421
Tim Morris
Brad Trane
Walker Roofing
2701 36 Ave S
Minneapolis MN 55406 Nathan Reese
GENERAL CONTRACTOR-RESIDENTIAL
AAAmericas Best Inc (20139703)
2400 Interlachen Dr #222
Spring Park MN 55384 Donald Haight
A-Line Construction (20032753)
6171 189 Ln NW
Anoka MN 55303 Rodney Engebretson
Bob & Sons Plumbing
4553 Xerxes Ave S
Minneapolis MN 55410
Bruggeman JM Construction (5359)
3600 Labore Rd
Vadnais Heights MN 55110
Builders Design Inc (20026555)
18963 Jewell St NE
Wyoming MN 55092-9505
C & Sons (20129655)
PO Box 9097
St Paul MN 55109-0097
Christensen Exteriors Inc (20130330)
7341 Franklin Cir
Eden Prairie MN 55346
Crystal Kitchen Center (7200)
668 N Hwy 169
Golden Valley Mn SS427
Bob Daniels
Ji Bruggeman
Daniel Schultz
Chris Fleming
Mark Christensen
Jolynn Johnson
13.04
Same
Same
Same
STATE OF MINN
Same
Same
Same
Same
Same
Same
Same
Custom Color Paint & Remod (20139344)
13684 Yukon St NW
Andover Mn 55304
DAK Construction Services (20076417)
4245 Jefferson St NE
Columbia Heights MN 55421
Darr Brent Construction (20134193)
12601 Able Cir NE
Blaine MN 55434
Demars Construction (6614)
8401 166 Cir NW
Ramsey Mn 55303
Enviro Therm Ins & Rem (9141)
35499 Dolphin St NW
Princeton Mn 55371
Exterior Innovations Inc (9518)
2187 Overlook Dr
Bloomington MN 55431
Five Star Remodelers Inc (5762)
1784E7St
St Paul MN 55119
Golden Hatchet Roofing (20003158)
PO Box 553
Anoka MN 55303
HK Construction Services (8169)
3426 Newton Ave N
Minneapolis MN 55412
Hardies Home Alter & Repair(20074367)
290 Cherry Hill Trl
Medina MN 55340
Hursh Land Co (20090414)
1572 Case Ave
St Paul MN 55106
Gregg Dillenburg
Bernard Kerrigan
Brent Darr
Michael DeMars
John Kopacek
Jim Jenkins
Donald Welter
William Durant Jr
Herb Smith
Kurt Hardie
David Hursh
13.05,
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
Independent Realty Inc
185 49 Ave NE
Fridley MN 55421
Ives Enterprises Inc (6478)
2945 140 Ave
Ham Lake MN 55304
J I Builders Inc (4748)
PO Box 667
Forest Lake MN 55025
Knight Construction (20022883)
4808 Lamplighters Ln
Minnetonka MN 55345
Krabbenhoft Construction (20012546)
10540 6 St NE
Blaine MN 55432 '
L J Roofing (9036)
10151 Foley Blvd
Coon Rapids MN 55448
Lennander Co (20039258)
523 Central Ave N
Osseo MN 55369
Maverick Construction (5572)
11227 River Rd NE
Hanover MN 55341
Minnesota 1 Construction (20093084)
2316 Jefferson St NE
Minneapolis MN 55418
Nordstrom Gary Construction (8832)
17235 Driscoll St NW
Ramsey MN 55303
Northem Crest Inc (20098415)
8245 Polk St NE
Spring Lake Park MN 55432
Mike Kolodjski
Dennis Boisvert
Waldo Johnson
Gary Knight
Curtis Krabbenhoft
Lyle Fisk
Scott I.ennander
Andy Sarber
Robb Willman
Gary Nordstrom
Bill Olson
13.06
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
Norway Builders Inc(20066371)
450 W Co Rd D
New Brighton MN 55112
Pro-Exteriors (6094)
11752 Chisago Blvd
Chisago MN 55013
Quality Craft Construction Inc (20135189)
5708 143 St W
Apple Valley MN 55124
Quinn & Sons (20139552)
2749 Gem St
Maplewood MN 55109
RNR Construction (6644)
12049 Oregon Cir
Champlin MN 55316
Randle Clarence Construction (20090009)
840 Evergreen Dr
Bovey MN 55709
Rick's Roofing & Siding Inc
183 Cleveland Ave SE
New Brighton MN 55112
Ridge Rockers (20136188)
13615 Poppy St
Andover Mn 55304
Siding Plus Windows (8275)
301 E 2 St
Fairmont MN 56031
Siding Sales & Service (20075652)
3555 116 Ln NW
Coon Rapids MN 55433
Snedeker Construction Co (20039123)
18245 233 3/4 Ave
Big Lake MN 55309
Ross Tretsven
Ray Fuerstenberg
Shelly Lassahn
Phil Quinn
Rodney Mysliwiec
Clarence Randle
Rick Longnecker
Brian Albright
Leo Baca
Terry Shonblom
Lyle Snedeker
13.07;
Same
Same
Same
��
Same
Same
Same
Same
Same
Same
Same
Suburban Exteriors (4289)
9701 Penn Ave S STE 107
Bloomington MN 55431
Superior Construction Services (7231)
8665 Jefferson Hwy
Osseo MN 55369
T-Schulz Construction (6373)
10587 Ginseng Lane
Hanover MN 55341
Thurs Construction (9346)
5717 113 Ave N
Champlin MN 55316
Toolbox Inc(20061690)
2500 39 Ave NE
Minneapolis MN 55421
Tomco Company Inc (8747)
1425 Andover Blvd NW
Andover MN 55304
Town & Country Roofing Inc (20091282)
9403 Minnesota Ln N
Maple Grove MN 55369
Viking Home Improvement (4772)
4832 2 1/2 St
Minneapolis MN 55421
Walker Roofing (4229)
2701 36 Ave S
Minneapolis MN 55406
Zahorski Construction
13369 Killdeer St NW
Andover MN 55304
Zins Contracting (20011501)
3163 203 Ave NE
Cedar MN 55011
Robert Palmer
Randy Hedden
Nancy Schulz
Kevin Thurs
Mike Newman
Tom Schiebout
John
Margaret Menell
Nathan Reese
James Zahorski
Joseph Zins
13.08 :
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
HEATING
Air America Inc
11424 Louisiana Ave N
Champlin MN 55316
Anderson Air Cond
4347 Central Ave NE
Columbia Heights MN 55421
Commercial Plbg & Htg Inc
3151 101 Ave NE
Blaine MN 55449
E.L.K. Mechanical HVAC Inc
15940 Radium St NW
Ramsey MN 55303
Modern Heating & Air Cond Inc
2318 1 St NE
Minneapolis MN 55418
Quality Air
10830 Magnolia St NW
Coon Rapids MN 55448
Suburban Air Conditioning Co Inc
8419 Center Dr NE
Minneapolis MN 55432
PLUMBING
Lakeside Plumbing & Heating Inc
12469 Zinran Ave
Savage Mn 55378
Roto Rooter Services Co
14530 27 Ave N
Plymouth Mn 55447
Surma Frank Plumbing Co
1136 Rockstone Ln
New Brighton MN 55112
SIGN ERECTOR
LAI Midwest Inc
7645 Baker Street NE
Fridley MN 55432
Richard Vouela
Ray Anderson
Natalie Skeie
William Kerns
Terry Hutchinson
Robert Lilya
Mark Sims
Duane Reimer
David Lohmann
Frank Surma
Matt Kalina
13.09
RON JULKOWSKI
Building Official
Same
Same
Same
Same
Same
Same
STATE OF MINN
Same
Same
RON JULKOWSKI
Building Official
Sign Source Inc
7801 Park Dr
Chanhassen MN 55317 Randy Herman Same
13.10;
r
�
QTY OF
FRIDLEY
Frederic W. Knaak, Esq.
Holstad and Larson, P.L.C.
3535 Vadnais Center Drive
St. Paui, MN 55110
ESTI MATES
AUGUST 24, 1998
Services Rendered as City Attorney
for the Month of July, 1998 ................................................................ $ 4,250.00
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of May, 1998 ................................................... $ 16,110.00
Park Construction Company
7900 Beech Street N.E.
Fridley, MN 55432-1795
Rice Creek Bank Stabilization
Project No. 309
Estimate No. 6 ................................................................................... $ 4,822.24
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
57th Avenue (CR 102) Reconstruction
Project No. ST. 1997 - 4
Estimate No. 2 ................................................................................. $ 283,617.76
14.01
�
L FRIDLEY CITY COUNCIL MEETING OF
�oF AUGUST 24, 1998
FRIDLEY
INFORMAL STATUS REPORTS
15.01
� S
�
C1TY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT:
� Y
William W. Burns
M E M O R A N D l.l M City 1Vlanager
The Honorable Mayor and City Council
William W. Burns, City Manager q��7J'��.✓
August 21, 1998
Tower Site Lease Agreement
Attached is a memorandum from John Flora and a copy of a tower site lease agreement with Sprint
Spectrum LP which needs formal approval by council. This material was submitted after the
agenda books had been prepared and was not included on the agenda for Monday night's nneeting.
Accordingly, we would like to add it to the regular (non-consent) agenda.
Thank you.
/rsc
Attachments
R
City of Fridley
�
TO: William W. Burns, City Manager �',��'�
FROM: John G. F1ora�Public Works Director
DATE: August 24, 1998
SUBJECT: Tower Site Lease Agreement
. .: :1
We have received a Tower Site Lease Agreement with Sprint Spectrum LP, a Delaware Ltd Partnership, to
install a mono pole telephone antenna and dish on City property adjacent to Well No. 13.
This agreement is in similar format to the APT agreement which placed antennas on the Hwy 65 water
tower.
The agreement calls for an monthly rental of $1,030 for nine antennas with an additional increase of $100
for any additional antennas installed on the mono pole. The rent also calls for an annual increase based upon
the Consumer Price Index (CPI) but no less than 5%.
Sprint is anxious to test and locate their facilities at this site. Exhibits A and B describing the process
are being prepared. Staff will ensure that they conform to the area agreed to. To assist Sprint to proceed
with their expansion, recommend the City Council authorize the Mayor and City Manager to execute the
agreement with Sprint Spectrum LP.
JGF:cz
Attachment
D��GC_AJ
c� c�ssoci�zt�s. :..
August 21, 1998 (revised)
Mr. Frederic Knaak
Fridley City Attorney
Holstad and Knaak„ P.L.C.
3535 Vadnais Center Drive, Suite 130
St. Paul, Minn. 55110
Mr. Scott Hickok, Planning Coordinator
City of Fridley, Municipal Center
6431 University Avenue Northeast
Fridley, Minn. 55432
Deaz Mr. Knaak and Mr. Hickok:
�
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Enclosed with the letter to Mr. Hickok are five "clean" copies reflecting a fourth set of revisions
to the proposed tower site lease agreement requested by Mr. Hickok. After City Council
approval on Monday evening please have four copies signed and return them to me so that I can
get them to Dallas for Sprint signing. I request that the date on the first page not be filled in
until we go onto the site to begin construction since that constitutes the date from which
rent payments commence. I will return two copies to you after they have been signed by
Sprint.
Changes from the third to fourth revision are: (1) to expand instances where notice to and
approval of the City is required with respect to installation and additions to the Communications
Facility in Section 2; (2) to eliminate the five percent cap on the rent increase and to raise the
minimum increase to five percent in Section 4; (3) to expand Sprint's restoration responsibility in
the event of termination to include all of the Communication Facility except the portion of the
tower foundation below a depth of twelve feet below grade in Section 10.2; and (4) to
specifically indicate that Sprint's insurance coverage will include failure of the tower in Section
13.1.
If you have any questions please call.
Sincerely,
�� � i �
�.�.i t I
David Hagen
Acquisition SpecialistBroker
Copy: Larry Griffith
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Version 1
4/28/97
TOWER SITE
LEASE AGREEMENT
BETWEEN CITY OF FRIDLEY
AND SPRINT SPECTRUM L.P.
COVER PAGE
TABLE OF CONTENTS
�
l. PREMISES ........................................................................................................................1
2. USE .....................................................................................................................................1
3. TERM ................................................................................................................................. 2
3.1. Primary Term ...........................................................................................................................................2
3.2. Extended Term .........................................................................................................................................2
4. RENT ................................................................................................................................. 2
5. ACCESS AND UTILITIES .............................................................................................. 3
6. UTILITIES ........................................................................................................................ 3
7. HOLDING OVER ............................................................................................................. 3
8. NOTICE ............................................................................................................................. 4
9. LIABILITY AND INDEMIVITY ...................................................................................... 4
10. TERMINATION .............................................................................................................. 4
11. DEFAULT ........................................................................................................................ 5
12. TAXES .............................................................................................................................. 6
13. INSUR.ANCE ................................................................................................................... 6
13.1. Required Insurance of Tenant ...........................................................................................................6
13.2. Required Insurance of Landlord .......................................................................................................7
13.5. Policies ofInsurance .............................................................................................................:.............. i
14. (R.ESERVED) ...................................................................
15. FIXTURES ...................................................................................................................... 8
16. MEMORANDiJM OF AGREEMENT ........................................................................... S
17. ASSIGNMENT AND SUBLETTING BY TENANT .......................... 8
.........................
18. PERIVIIT5 ........................................................................................................................ 8
19. DEBT SECURITY .......................................................................................................... 8
Version 1
4/28/97 1
20. ENVIRONMENTAL MATTERS .................................................................................. 9
21. FENCES .......................................................................................................................... 9
22. TITLE ............................................................................................................................... 9
23. CONDEMNATION OF PREMISES ..........................................................................10
24. QUIET ENJOYMENT ..................................................................................................10
25. CONTINGENCIES .......................................................................................................10
26. INTERFERENCE ........................................................................................................11
27. ITEMS TO BE DELIVERED TO TENANT ..............................................................11
28. COIVIPLIANCE .............................................................................................................11
29. LIENS ............................................................................................................................12
30. SUBORDINATION ......................................................................................................12
31. ENTIRE AGREEMENT AND BINDING EFFECT .................................................12
32. GOVERI�TING LAW ......................................................................................................13
Version 1
4/28/97 ll
TOWER SITE LEASE AGREEMENT
THIS TOWER SITE LEASE AGREEMENT ("Lease") is made and entered into as
of the day of , 199_, by and between the City of Fridley, a municipal
corporation ("Landlord"), and Sprint Spectrum L.P., a Delaware limited partnership
("Tenant").
AGREEMENTS
1. PREMISES
Landlord owns certain property legally described on Exhibit A("Property").
Landlord leases to Tenant, and Tenant leases from Landlord, the portion of the Property
legally described on Exhibit B("Premises") Landlord also grants Tenant the Access
Easement and Utility Easement described in Section 5 of this Lease on, over, under and
upon the adjacent land of Landlord.
2. USE
The Premises will be used for the purpose of installing, constructing, maintaining,
repairing, operating, altering, inspecting, expanding, adding to and removing Tenant's
communications equipment, including, but not limited to the following:
2.1. A.ny and all antenna(s), dish(es) andlor grids as Tenant may deem
appropriate.
2.2. Transmission lines and mounting and grounding hardware.
2.3. A concrete pad and a communications shelter ("Communication Shelter")
containing, without limitation, telecommunications equipment consisting of base
station(s), wireless communication equipment, switch(es), power supply(ies), batter�-(ies),
and accessories.
2.4. An emergency generator to be located, at Tenant's option, within the
Communications Shelter, adjacent to the Communications Shelter or withi.n a separate
shelter adjacent to the Commun.ications Shelter. The fuel tank for the generator
(gasoline, diesel, butane, propane, LPG or other) may be located either inside or outside
the shelter(s), in accordance with applicable building codes.
2.5. A communications tower and related guide lines and lights (the "Tow er')
For the purposes of this Lease, all of Tenant's equipment, antennas, dishes, lines,
switches, power supplies, batteries, Communications Shelter, generator, generator
shelter, Tower, accessories, and necessary appurtenances will be referred to herein
collectively as the "Communications Facility".
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The above-described concrete pad, Communications Shelter, equipment contained
therein, generator, and lines and equipment may be installed by Tenant or by any of
Tenant's agents or contractors. Tenant has the right to make alterations to the
Communications Facility from time to time as Tenant determines to be necessary or
desirable. The installation of and any addition to the Communications Facility, or other
equipment or property owned by Tenant that is intended to be located on the Premises,
shall not occur without the prior notice to and approval of the Landlord, which shall not
be unreasonably withheld, conditioned or delayed without reasonable cause stated to the
Tenant in writing.
3. TERM
3.1. Primary Term
The primary term ("Primary Term") of this Lease will be for five years (5) years,
will commence on the date specified in the first paragraph of this lease agreement
("Commencement Date") and will terminate at 11:59 p.m. on ,
unless sooner terminated as provided herein.
3.2. Extended Term
Tenant is granted the option to extend the Primary Term of this Lease for four (4)
additional periods of five (5) years each ("Extended Term"), provided Tenant is not then
in default under this Lease. Each of Tenant's options to extend will be deemed
automatically exercised without any action by either party unless Tenant gives written
notice of its decision not to exercise any option(s) to Landlord before expiration of the
then current term.
4. RENT
Tenant agrees to pay rent to Landlord monthly in advance beginning on the
Commencement Date an amount equal to one thousand thirty dollars ($1,030) for
attaching up to nine antennas to the tower and one hundred dollars ($100) for attaching
each additional antenna to the tower, which base amount will be increased annually b�
an amount equal to the increase in the Consumer Price Index (CPI), but by no less than
five percent (5%).
The CPI shall mean the "Consumer Price Index- for All Urban Consumers, All
Cities, All Items (1984=100%), as published by the United States Department of Labor
Statistics, or if such index shall be discontinued, the successor index as mutually agreed
upon by the parties. To determine the annual rental increase to be paid by Tenant under
the CPI adjuster, the annualized rental for previous year shall be multiplied by a
percentage figure, computed from a fraction, the numerator of which shall be the CPI for
the third quarter of the preceding year and the denominator of which shall be the CPI for
the corresponding quarter of one year earlier. Such fraction shall be converted to a
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percentage equivalent. The resulting percentage figure shall be multiplied by the
previous year's rent. Rent will be paid to Landlord at its address designated in Section 8.
5. ACCESS AND UTILITIES
Subject to prior review and approval by Landlord of drafted plans or designs for
access over any such lands, rights-of-way or easements, which approval shall not be
unreasonably delayed, conditioned or withheld, Landlord grants to Tenant, for use b3�
Tenant, its employees, agents, contractors and by utility companies, an easement and
license over, under, upon and across the adjoining lands of Landlord, and rights-of-way
or easements owned or leased by Landlord, on a twenty-four (24) hour daily basis, for (i)
ingress and egress to and from the Premises and the Communications Facility (the.
"Access Easement"), and (ii) the installation, operation and maintenance of necessary
utilities for the Premises and the Communications Facility (the "Utility Easement"). If
reasonable in Tenant's opinion, such Access Easement and Utility Easement will be over
and lie within existing roads, parking lots and/or roads hereafter established by Tenant.
Tenant may improve the Access Easement by grading, graveling and/or paving. The
Access Easement, to the extent further identified, is more particularly described on
Exhibit C, and the Utility Easement, to the extent further identified and not lying within
the Access Easement, is more particularly described on Exhibit D. Tenant will notify
Landlord of any change in the particular location of any Access Easement or Utility
Easement, if such differs from the descriptions on Exhibits C and D hereto.
6. UTILITIES
Tenant will be solely responsible for and promptly pay all charges for gas,
electricity, telephone service, or any other utility used or consumed by Tenant on the
Premises. If necessary, Tenant will have a meter installed at the Premises for Tenant's
utility use, and the cost of such meter and of installation, maintenance, and repair
thereof w ill be pa.id for by Tenant. Tenant may install or improve e�usting utilities
servicing the Communications Facility and may install an electrical grounding system or
improve any e�usting electrical grounding system to provide the greatest possible
protection from lightning damage to the Communications Facility.
7. HOLDING OVER
If Tenant holds possession of the Premises or any portion thereof after the date
upon which the Premises are to be surrendered, Tenant will become a tenant on a
month-to-month basis upon all the terms, covenants, and conditions of this Lease except
those pertaining to the Lease term and, during any such month-to-month tenancy,
Tenant will pay monthly rent as per Section 4. Tenant will continue occupying the
Premises from month-to-month until terminated by Landlord or Tenant by the giving of
thirty (30) days' prior written notice to the other.
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8. NOTI CE
All notices or demands are deemed to have been given or made when delivered in
person or mailed by certified, registered, or express mail, return receipt requested,
postage prepaid, United States mail, and addressed to the applicable party as follows:
Landlord: City of Fridley
6431 University Ave. NE
Fridley, Minn. 55432
Attention: City Manager
Phone #: 612-572-3506
Fax #: 612-571-1287
Tenant: Sprint Spectrum L.P. Site #:MS03XC658V6
1341 West Mockingbird Lane, Suite #600E
Dallas, Texas 75247
Attention: Property Manager
Phone #: 214-525-4006
Fax #: 214-525-4070
with a copy to: Sprint Spectrum L.P.
4717 Grand Avenue, Fifth Floor
Kansas City, MO 64112
Attention: Business Law Group
A party may change its address to which any notice or demand may be given by
written notice thereof to the other party.
9. LIABILITY AND INDEMIVITY
Tenant agrees to indemnify and save the Landlord harmless from all claims
(includi.ng costs and expenses of defending against such clai.ms) arising from any breach
of this Lease by Tenant, or any negligent act, negligent omission or intentional tort of
Tenant or Tenant's agents, employees, contractors, invitees or licensees occurring during
the term of this Lease in or about the Premises. Landlord agrees to indemnify and save
Tenant harmless from all claims (including costs or expenses of defending against such
claims) arising from any breach of this Lease by Landlord, or any negligent act, negligent
omission or intentional tort of Landlord or Landlord's agents, employees, contractors,
invitees, licensees. The provisions of this Section 9 will survive the termination of this
Lease.
10. TERMINATION
10.1. In addition to the right to terminate granted in Section 11 of this Lease,
Tenant has the right to terminate this Lease at any time t�pon any of the following
events:
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10.1.1. Upon providing Landlord ninety (90) days prior written notice; or
10.1.2. If the approval of any agency, board, court, or other governmental
authority necessary for the construction and/or operation of the Communications
Facility cannot be obtained, or is revoked, or if Tenant determines the cost of
obtaining such approval is prohibitive; or
10.1.3. If Tenant determines that the Premises are not appropriate for
locating the Communications Facility for technological reasons, including, but not
limited to, signal interference.
10.2. Tenant will give Landlord thirty (30) days written notice of termination of
this Lease under the terms of Section 10.1.2. and 10.1.3. above. Upon termination,
neither party will owe any further obligations under this Lease except for the
indemnities and hold harmless provisions in this Lease, the provisions of Section 20 of
this Lease, the prompt reimbursement of pro-rata prepaid rent and Tenant's
responsibility for removing all of the Communications Facility from the Premises and
restoring the Premises to its condition as of the commencement date of this Lease, as
near as practicable (save and except the portion of the foundation for the tower below
twelve (12) feet below grade).
11. DEFAULT
If Tenant fails to comply with any material provision of this Lease, including,
without limitation, failure to maintai.n the Premises and the Communications Facility in
a manner consistent with public health and safety or causing or permitting a nuisance on
the Premises, and such failure is not cured within thirty (30) days after receipt of written
notice thereof from Landlord, Landlord may, at its option, terminate this Lease without
affecting its right to sue for all past due rentals and any other damages to which
Landlord may be entitled. If any such default cannot reasonably be cured withi.n thirty
(30) days, Tenant will not be deemed to b� in default under this Lease if Tenant
commences curing such default within the thirty (30) day period and thereafter diligently
pursues such cure to completion. If Landlord is entitled to collect damages or otherwise
remedy said default, and if Landlord seeks enforcement of its rights through an attorney
or other legal procedures, Landlord is entitled to colleci, in addition to any other amounts
owed, its reasonable costs and attorneys' fees thereby incurred.
If Landlord fails to comply with any material provision of this Lease, and such
failure is not cured within thirty (30) days after receipt of written notice thereof from
Tenant, Tenant may, at its option, cure the failure at Landlord's expense (which expense
may, at Tenant's option, be deducted from rent) or terminate this Lease without affecting
its right to demand, sue for, and collect all of its damages arising out of Landlord's
failure to comply . If any such default cannot reasonably be cured w ithin thirt� (30) day s,
Landlord will not be deemed to be in default under this Lease if Landlord commences
curing such default within the thirty (30) day period and thereafter diligently pursues
such cure to completion. If Tenant is entitled to collect damages or otherwise remedv
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said default, and if Tenant seeks enforcement of its rights through an attorney or other
legal procedures, Tenant is entitled to collect, in addition to any other amounts owed, its
reasonable costs and attorneys' fees thereby incurred.
The rights and remedies stated in this Lease are not exclusive and the parties, in
the event of a breach of this Lease or a dispute, are entitled to pursue any of the
remedies provided in this Lease, by law, or by equity.
No course of dealing between the parties or any delay on the part of a party to
exercise any right it may have under this Lease will operate as a waiver of any of the
rights provided hereunder or by law or equity, nor will any waiver of any prior default
operate as the waiver of any subsequent default, and no express waiver will affect any
term or condition dther than the one specified in such waiver and the express waiver will
apply only for the time and manner specifically stated.
12. TAXES
Unless separately billed to Tenant by a taxing authority, Tenant will pay annually
to Landlord an amount equal to any increase in real estate taxes attributable to any
improvement to the Premises made by Tenant. Tenant will pay to Landlord Tenant's
share of any such tax within sixty (60) days of receipt of sufficient documentation
indicating calculation of Tenant's share and payment of the real estate taxes by
Landlord. Landlord must pay annually when due all real estate taxes and assessments
attributable to the Premises, the Access Easement, the Utility Easement, and the tax
lot(s) of which they are a part. Upon written request by Tenant, Landlord will furnish
evidence of payment of such assessments and taxes.
13. INSURANCE
13.1. Required Insurance of Tenant
To insure against, among other events, structural fa.ilure of the tower, Tenant must,
during the term of this Lease and at Tenant's sole expense, obtain and keep in force, not
less than the followi.ng insurance:
13.1.1. Property insurance, including coverage for fire, extended coverage,
vandalism and malicious mischief, upon the Communications Facility in an
amount not less than ninety percent (90%) of the full replacement cost of the
Communications Facility;
13.1.2. Commercial General Liability insuring operations hazard,
independent contractor hazard, contractual liability, and products and completed
operations liability, in li.mits not less than $5,000,000 combined single limit for
each occurrence for bodily injury, personal injury and property damage liability ,
naming Landlord as an additional insured; and
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13.1.3. Workers' Compensation and Employer's Liability insurance.
13.2. Required Insurance of Landlord
Landlord must, during the term of this Lease and at Landlord's sole expense, obtain
and keep in force, the following insurance:
13.2.1. Property insurance, including coverage for fire, extended coverage,
vandalism and malicious mischief on the Site, in an amount not less than 90% of
the full replacement cost of the Site (excluding, however, the Communications
Facility); and
13.2.2. Commercial General Liability insuring operations hazard,
independent contractor hazard, contractual liability and products and completed
operations liability, in limits not less than $600,000 combined single limit for each
occurrence for bodily injury, personal injury and property damage liability,
naming Tenant as an additional insured.
13.3. Policies of Insurance
Tenant's required insurance policies must be taken out with reputable national
insurers that are licensed to do business in the jurisdiction were the Premises are located.
Landlord's required insurance policies must be taken out with the League of Minnesota
Cities Insurance �ust. Each party will deliver certificates of insurance to the other party
upon request. All policies must contain an undertaking by the insurers to notify the other
party in writing not less than fifteen (15) days before any material change, reduction in
coverage, cancellation, or termination of the insurance.
14. (RESEftVED)
15. FIXTURES
Landlord covenants and agrees that no part of the improvements installed,
constructed, erected or placed by Tenant on the Premises or other real property owned by
Landlord will be or become, or be considered as being, affixed to or a part of Landlord's
real property; and any and all provisions and principles of law to the contrary
notwithstanding, it is the specific intention of Landlord to covenant and agree hereby
that all personal property and improvements of every ki.nd and nature installed,
constructed, erected, or placed by Tenant on the Premises, or other real property owned
or leased by Landlord,�will be and remain the propert� of Tenant despite any default or
termination of this Lease and may be removed by Tenant any time in Tenant's discretion
provided that Tenant at its expense restores the Premises pursuant to Section 10.2.
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16. MEMORANDUM OF AGREEMENT
After preparation of the legal descriptions of the Premises, Access Easement and
Utility Easement, each party, at the request of the other, �vill sign a Memorandum of
Lease and Easements. Tenant, at its sole expense, may record the Memorandum of
Lease and Easements in the land records of the recording office(s) reasonable for notice
purposes.
17. ASSIGNMENT AND SUBLETTING BY TENANT
Tenant shall have the right to sublease or assign its rights under this Lease by
giving notice to Landlord in the manner described in Section 8.
18. PERMITS
Landlord acknowledges that Tenant will be contacting the appropriate local
governmental agencies for the purposes of obtaining all building permits and approvals,
zoning changes and/or approvals, variances, use permits, and other governmental
permits and approvala (collectively, "Permits") necessary for the installation,
construction, operation and maintenance of the Communications Facility. Landlord
agrees to fully cooperate with Tenant in obtaining the Permits and, without limiting the
generality of the foregoing, to execute any applications, maps, certificates or other
documents that may be required in connection with the Permits.
19. DEBT SECUR.ITY
Tenant may, without Landlord's consent, pledge, mortgage, convey by deed of trust
or security deed, assign, create a security interest in, or otherwise execute and deliver
any and all instruments for the purpose of securing bona fide indebtedness any or all of
Tenant's interest in this Lease, any part thereof, and any and all of Tenant's right, title,
and interest in and to any and all of the Communications Facility. Promptly on Tenant's
or Tenant's lender's request, Landlord shall execute and deliver, and shall assist i.n
facilitating the execution and delivery of, all documents requested by any of Tenant's
lenders including but not limited to waivers of Landlord's right to levy or distrain upon
for rent any of Tenant's property given as security for a debt, consents that none of the
Communications Facility shall become fixtures, consents to giving notice to Tenant's
lender(s) in the event of Tenant's default under the provisions of this Lease, consents to
Tenant's assignment to any lender(s) of any and all of Tenant's interest in or to this
Lease and the Communications Facility and nondisturbance agreements from Landlord
and Landlord's lenders. Tenant shall reimburse Landlord for any reasonable costs
incurred in the execution and delivery of any documents, as well as any other expenses
resulting from an obligation incurred as the result of this Section.
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20. ENVIRONMENTAL MATTERS
Landlord represents that, to the best of it's knowledge, the Premises, Access
Easement and Utility Easement and any existing improvements thereon, are free of
hazardous substances, toxic substances and/or contamination (collectively, "Hazardous
Substances"). Landlord agrees that it will not introduce or use any Hazardous
Substances on the Site in violation of any applicable law.
Tenant will indemnify, protect, defend and hold harmless Landlord from and
against all claims, suits, actions, causes of action, assessments, losses, penalties, costs,
damages and expenses, including, without limitation, attorneys' fees, sustained or
incurred by Landlord pursuant to any federal, state or local laws, implementing
regulations, common law or otherwise dealing with matters relating to Hazardous
Substances released by Tenant in, upon or beneath the Premises, Access Easement or
Utility Easement.
21. FENCES
During the Primary Term and each Extended Term, Tenant may fence in that
portion of the Premises as Tenant determines is reasonable for the proper and efficient
operation and protection of the Communications Facility, upon review and approval by
landlord of plans for such fence, which approval will not be unreasonably withheld,
conditioned or delayed.
22. TITLE
Landlord represents and warrants to Tenant that Landlord has good and
marketable title to the Premises, Access Easement and Utility Easement, free and clear
of all liens, encumbrances and exceptions, except those described in Exhibit E attached
hereto, of duration and quality equal to that conveyed to Tenant by this Lease. Landlord
shall warrant and defend the same to Tenant against the claims and demands of all
persons and entities.
23. CONDEMNATION OF PREMISES
If any governmental, public body� or other condemning authority takes, or if
Landlord transfers in lieu of such taking, all or part of the Premises, Access Easement or
Utility Easement thereby making it physically or financially infeasible for the Premises
to be used in the manner intended by the Lease, Tenant shall have the right to terminate
this Lease effective as of the date of the taking by the condemning party and the rental
shall be prorated appropriately. If only a portion of the Premises, Access Easement or
Utility Easement is taken, and Tenant does not elect to terminate this Lease under this
provision, then the Lease shall continue but rental payments provided under this Lease
shall abate proportionately as to the portion taken which is not then usable by Tenant,
and Landlord shall make all necessary repairs and alterations to restore the portion of
the Premises, Access Easement and Utility Easement remaining to as near their former
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condition as circumstances will permit (at a cost not to exceed Landlord's proceeds from
said condemnation or transfer).
In the event of any condemnation, taking or conveyance in lieu thereof which
results in a termination of the Lease, Landlord will not be entitled to that portion, if any,
of an award made to or for the benefit of Tenant for loss of Tenant's business or
depreciation, the cost of removal of Tenant's trade fixtures and equipment or the value of
any unexpired term of this Lease.
24. QUIET ENJOYMENT
Landlord covenants that Tenant, upon paying the rent and observing the other
covenants and conditions herein upon its part to be observed, will peaceably and quietly
hold and enjoy the right to use the Premises, Access Easement and Utility Easement on
the terms and conditions and for the purposes stated herein during the term of this
Lease, as it may be extended, without hindrance, ejection or molestation by Landlord or
any person(s) or entity(ies) claiming under the Landlord.
25. CONTINGENCIES
Notwithstanding anything contained herein to the contrary, and in addition to and
not in limitation of Tenant's other rights hereunder, it is expressly agreed that Tenant's
obligations under this Lease are conditioned upon:
25.1. Tenant's satisfaction with the status of title to the Premises and, at
Tenant's option, Tenant's receipt of a leasehold title insurance policy insuring its
leasehold interest in the Premises, in form and substance satisfactory to Tenant.
Landlord shall execute the standard form of title company affidavit in order to enable
Tenant to obtai.n title insurance on the Premises free and clear of all exceptions other
than those which have been disclosed in writing to Tenant and which do not interfere
with Tenant's use of the Premises; and
25.2. Tenant's satisfaction, in its sole and absolute discretion, with the feasibility
of engineering, installing, constructing and operating the Communication's Facility:
Tenant's receipt of all necessary or appropriate building and construction permits and all
licenses, permits, approvals and consents from all applicable governmental authorities
necessary or appropriate for Tenant to use and operate the Communication's Facility on
the Premises.
Tenant is hereby given the right to survey, soil test, radio coverage test, and to
conduct any other investigations needed to determine if the surface and location of the
Premises are suitable for Tenant's use intended by this Lease.
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26. INTERFERENCE
Landlord will not permit or suffer the installation, existence and maintenance of
any other improvement (including, without limitation, transmission or reception devices)
upon the Property if such improvement interferes with transmission or reception by
Lessee's Communications Facility in any manner whatsoever, except installation,
existence and maintenance by the Landlord of facilities or equipment associated with the
maintenance and operation of municipal utilities or other municipal services at the site.
27. ITEMS TO BE DELIVERED TO TENANT
Within ten (10) days following a re.quest from Tenant, Landlord shall, to the
extent available, deliver to Tenant an accurate copy of all, environmental audits relating
to the Premises.
28. COMPLIANCE
Landlord represents and warrants that all operations conducted by Landlord in
connection with the Property meet all applicable state, federal, county and local codes
and regulations. Landlord agrees that it will conduct its operations in the future in
accordance with all such codes and regulations. Landlord is not required to obtain any
consent under any ground lease, mortgage, deed of trust or other instrument
encumbering the Property in order for Tenant to construct, operate, maintain or access
the Communications Facility.
During the term of this Lease, Tenant will comply with all applicable laws relating
to Tenant's use of the Premises. Tenant will not commit or suffer to be committed any
waste on the Premises or any nuisance.
29. LIENS
Tenant shall keep the Premises free from any liens arising out of any work
performed, materials furnished or obligations incurred by or on behalf of Tenant and
shall indemnify, defend and hold Landlord harmless from all claims, costs and liabilities,
i.ncluding reasonable attorneys' fees and costs, in connection with or arising out of any
such lien or claim of lien. Tenant shall cause any such lien imposed on the Premises to
be released of record by payment or posting of a proper bond within thirty (30) dac s after
written request by Landlord.
30. SUBOftDINATION
Tenant agrees that this Lease shall be subject and subordinate to any mortgages
or deeds of trust now or hereafter placed upon the Premises and to all modifications
thereto, provided that Tenant's possession of the Premises shall not be disturbed so long
as Tenant continues to perform its duties and obligations under this Lease and Tenant's
obligation to perform such duties and obligaiions shall not be in any way increased or its
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rights diminished by the provisions of this paragraph. Tenant agrees to attorn to the
mortgagee, trustee or beneficiary under any such mortgage or deed of trust, and to the
purchaser in a sale pursuant to the foreclosure thereof; provided that, Tenant's
possession of the Premises shall not be disturbed so long as Tenant shall continue to
perform its duties and obligations under this Lease.
31. ENTIRE AGREEMENT AND BINDING EFFECT
This Lease and any attached exhibits and nondisturbance and attornment
agreement(s) mentioning this Lease, constitute the entire agreement between Landlord
and Tenant; no prior written promises or prior contemporaneous or subsequent oral
promises or representations will be binding. This Lease will not be amended or changed
except by written instrument signed by the parties hereto. Section captions herein are
for convenience of reference only and neither limit nor amplify the provisions of this
Lease. The invalidity of any portion of this Lease shall not have any effect on the
balance thereof. The provisions of this Lease shall be binding upon and inure to the
benefit of the heirs, executors, administrators, successors, and assigns of Landlord and
Tenant.
32. GOVERNING LAW
This Lease shall be governed by the laws of the state in which the Premises are
locate d.
IN WITNESS WHEREOF, Landlord and Tenant have signed this Lease as of the
date and year first above written.
TENAIv'T:
SPRINT SPECTRITM L.P.
LANDLORD:
By: By� _
Name:VVilliam �. R,ector Name:
�tle: Director, Site Development Title: _
Central R.egion
Date:
Site # :MS03XC658V6
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Date:
Federal Tax Identification Number
(Please complete- Tax ID # required)
1 ��